Witcher v. Bayer CropScience USA LP

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 12, 2009
• Docket: 08-1614
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1614

KEVIN E. WITCHER; BOBBY BURNS,

Plaintiffs – Appellants,

v.

BAYER CROPSCIENCE USA LP, Its agents, employees and those in concert with,

Defendant – Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:06-cv-00947)

Submitted: February 18, 2009 Decided: March 12, 2009

Before TRAXLER, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eunice L. Green, GREEN LAW FIRM, Dunbar, West Virginia, for Appellants. Joseph M. Price, Mark H. Hayes, ROBINSON & MCELWEE, PLLC, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kevin E. Witcher and Bobby Burns appeal the district

court’s order granting Defendant’s summary judgment motion on

their retaliation, racial discrimination and hostile work

environment claims, brought pursuant to Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17

(2000) (“Title VII”), and West Virginia law. We have reviewed

the record and find no reversible error. Accordingly, we affirm

the district court’s order. See Witcher v. Bayer CropScience

USA LP, No. 2:06-cv-00947 (S.D. W. Va. Apr. 14, 2008). We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED