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Hailes v. Equitable Life Assur. Soc. of U.S.

United States Court of Appeals, Fifth Circuit
Apr 16, 1984
729 F.2d 1037 (5th Cir. 1984)

Opinion

No. 83-3347.

April 16, 1984.

Clarence H. Hailes, pro se.

Werner Weinstock, New York City, Chaffe, McCall, Phillips, Toler Sarpy, David L. McComb, New Orleans, La., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before GEE, POLITZ and JOHNSON, Circuit Judges.


IT IS ORDERED that leave to appeal in forma pauperis be withdrawn.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).

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.


Summaries of

Hailes v. Equitable Life Assur. Soc. of U.S.

United States Court of Appeals, Fifth Circuit
Apr 16, 1984
729 F.2d 1037 (5th Cir. 1984)
Case details for

Hailes v. Equitable Life Assur. Soc. of U.S.

Case Details

Full title:CLARENCE H. HAILES, PLAINTIFF-APPELLANT, v. THE EQUITABLE LIFE ASSURANCE…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 16, 1984

Citations

729 F.2d 1037 (5th Cir. 1984)

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