Uban Omerigbo v. McDonnell Douglas Corporation Douglas Aircraft Co. Bruce Palmer John Horvath

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Uban OMERIGBO, Plaintiff-Appellant, v. McDONNELL DOUGLAS CORPORATION; Douglas Aircraft Co.; Bruce Palmer; John Horvath, Defendants-Appellee. No. 95-55136. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1996. Decided May 2, 1996. 1 Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE * , District Court Judge. 2 MEMORANDUM ** 3 Plaintiff, an African American man, appeals from the district court's summary judgment for his former employer, defendant McDonnell Douglas Corp., on plaintiff's title VII claim that his layoff was racially motivated. We affirm. 4 We review the district court's grant of summary judgment de novo. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir. 5 On appeal, Omerigbo argues that defendants failed to produce sufficient evidence that they laid him off for other than impermissibly discriminatory reasons. However, defendants submitted a declaration from John…