Clarence H. Hailes v. The Equitable Life Assurance Society of the United States

Fifth Circuit

Clarence H. Hailes v. The Equitable Life Assurance Society of the United States

729 F.2d 1037, 1984 U.S. App. LEXIS 23481

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 16, 1984

Docket83-3347

StatusPublished

Cited by3 cases

This text of 729 F.2d 1037 (Clarence H. Hailes v. The Equitable Life Assurance Society of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clarence H. Hailes v. The Equitable Life Assurance Society of the United States, 729 F.2d 1037, 1984 U.S. App. LEXIS 23481 (5th Cir. 1984).

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Opinion

BY THE COURT:

IT IS ORDERED that leave to appeal in forma pauperis be withdrawn. A review of the trial transcript, shows that the legal points presented lack arguable merit and are therefore frivolous. McFadden v. Lucas, 713 F.2d 143, 145 (5th Cir.), cert. denied, — U.S. -, 104 S.Ct. 499, 78 L.Ed.2d 691 (1983); Howard v. King, 707 F.2d 215, 220 (5th Cir.1983). Hailes’ claim of sex-based discrimination in employment of secretaries is, as the transcript shows, the product of a project to obtain a lawsuit — not a secretarial position. See Banks v. Heun-Norwood Division of Mogul Corp., (E.D.Mo.1977), 428 F.Supp. 104, aff'd, 566 F.2d 1073 (8th Cir.1977).

*1038 IT IS FURTHER ORDERED that leave to appeal in forma pauperis be DENIED and the appeal is hereby DISMISSED as frivolous under Local Rule 42.2.

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BY THE COURT:

IT IS ORDERED that leave to appeal in forma pauperis be withdrawn. A review of the trial transcript, shows that the legal points presented lack arguable merit and are therefore frivolous. McFadden v. Lucas, 713 F.2d 143, 145 (5th Cir.), cert. denied, — U.S. -, 104 S.Ct. 499, 78 L.Ed.2d 691 (1983); Howard v. King, 707 F.2d 215, 220 (5th Cir.1983). Hailes’ claim of sex-based discrimination in employment of secretaries is, as the transcript shows, the product of a project to obtain a lawsuit — not a secretarial position. See Banks v. Heun-Norwood Division of Mogul Corp., (E.D.Mo.1977), 428 F.Supp. 104, aff'd, 566 F.2d 1073 (8th Cir.1977).

*1038 IT IS FURTHER ORDERED that leave to appeal in forma pauperis be DENIED and the appeal is hereby DISMISSED as frivolous under Local Rule 42.2.

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729 F.2d 1037, 1984 U.S. App. LEXIS 23481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarence-h-hailes-v-the-equitable-life-assurance-society-of-the-united-ca5-1984.

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