Phill Sanders, Jr. v. Nabisco Brands, Inc.

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Phill SANDERS, Jr., Plaintiff-Appellant, v. NABISCO BRANDS, INC. Defendant-Appellee. No. 95-35402. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1996. * Decided Sept. 26, 1996. Before: ALDISERT ** , PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Phill Sanders Jr., appeals the district court's grant of summary judgment for Nabisco Brands, Inc. ("Nabisco") on his federal claims of race and sex discrimination under 42 U.S.C. § 1981 and 42 U.S.C. § 2000e-2 ("Title VII"), and his state law claim of outrageous conduct. We affirm on all counts. 3 We review de novo a district court's grant of summary judgment. Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994). We may affirm on any ground supported by the record. Salmeron v. United States, 724 F.2d 1357, 1364 (9th Cir.1983). Summary judgment should be granted if there is no genuine issue of any material fact.…