MARES v. MARSH

No. 85-1378 Summary Calendar.

777 F.2d 1066 (1985)

Mary M. MARES, Plaintiff-Appellant, v. John O. MARSH, Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 1985.


Attorney(s) appearing for the Case

Alejandro Soto, El Paso, Tex., for plaintiff-appellant.

Thomas J. McHugh, U.S. Atty., El Paso, Tex., Major William S. Trivette, Office of Judge Advocate Gen., Dept. of Army, Washington, D.C., for defendant-appellee.

Before POLITZ, GARWOOD and E. GRADY JOLLY, Circuit Judges.


POLITZ, Circuit Judge:

In resolving this appeal, we must determine whether Mary M. Mares, a grocery bagger at the main commissary at Fort Bliss, Texas, was an employee of the Army for purposes of Title VII, 42 U.S.C. §§ 2000e et seq. In granting summary judgment to the Secretary of the Army, the district court concluded that Mares was not an Army employee. Agreeing, we affirm.

BACKGROUND

Mares's employment as a grocery bagger was...

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