Coozie Britton, Jr. v. Secretary of the Army

66 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Coozie BRITTON, Jr., Plaintiff-Appellant, v. SECRETARY OF the ARMY, Defendant-Appellee. No. 94-16338. United States Court of Appeals, Ninth Circuit. Submitted May 23, 1995. * Decided Aug. 29, 1995. Before: CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Coozie Britton, Jr., appeals pro se the district court's summary judgment in favor of the Secretary of the Army ("the Army") in his employment discrimination action alleging age discrimination under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. Sec. 621 et seq. Britton contends the district court erred by finding that he failed to raise a genuine issue of material fact as to whether the reasons given by the Army for promoting a younger applicant instead of Britton were a pretext for age discrimination. We affirm. AGE DISCRIMINATION 1. Prima Facie Case 3 The district court correctly concluded, and the Army does not contest, that Britton…