Rakestraw v. Carpenter Company

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-60640 Summary Calendar

KENNETH RAKESTRAW

Plaintiff - Appellant

v.

CARPENTER COMPANY

Defendant - Appellee

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Mississippi (1:94-CV-247-S-D) _________________________________________________________________ July 1, 1996

Before KING, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Kenneth Rakestraw appeals the summary judgment dismissing

his claim under the Americans with Disabilities Act, 42 U.S.C.

§§ 12101-12213. He argues that the district court improperly

held that his temporary injury did not constitute a disability

under the ADA, and, alternatively, that he was regarded as having

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. a disability by his employer, whether or not his injury

constituted a disability under the statute. We have reviewed the

record and the district court’s opinion and find no reversible

error. Accordingly, we affirm for the same reasons given by the

district court. Rakestraw v. Carpenter Co., No. 94-CV-247 (N.D.

Miss. Sept. 29, 1995).

AFFIRMED.