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UGALDE v. W.A. McKENZIE ASPHALT CO.

No. 92-1891 Summary Calendar.

990 F.2d 239 (1993)

Artemio UGALDE, Plaintiff-Appellant, v. W.A. McKENZIE ASPHALT CO., et al., Defendants, W.A. McKenzie Asphalt Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 12, 1993.

Attorney(s) appearing for the Case

Noemi A. Collie, Dallas, TX, for plaintiff-appellant.

Jeffrey Scott Levinger, Henry Floyd Sherrod, III, Jane Makela, Darla Rae DeSteiguer, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for defendant-appellee.

Before JOLLY, DUHÉ, and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Artemio Ugalde filed this suit against his employer, W.A. McKenzie Asphalt Co., after being referred to as a "wetback" by his supervisor. Ugalde brought claims for constructive discharge pursuant to Title VII, 42 U.S.C. § 2000e, et seq., and for intentional infliction of emotional distress. McKenzie Asphalt moved for summary judgment and the district court granted the motion. Ugalde appeals. We hold that Ugalde has failed...

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