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041848P.pdf   05/10/2005  Andre Pope  v.  ESA Services, Inc.
   U.S. Court of Appeals Case No:  04-1848
   District of Minnesota   
   Civil case - Employment discrimination. Defendant provided 
   legitimate, nondiscriminatory grounds for its promotion decisions, and 
   plaintiff failed to show these reasons were pretexts for race 
   discrimination; plaintiff also failed to show the stated legitimate, 
   nondiscriminatory grounds for his discharge were pretexts for race 
   discrimination; plaintiff failed to make a prima facie case of retaliation 
   because he failed to show he engaged in any protected activity; plaintiff 
   also failed to make a prima facie case under the Minnesota Whistleblower 
   Act; defamation claim failed as plaintiff failed to present sufficient 
   evidence with respect to publication. 
   [PUBLISHED] [Gruender, Author, with Bye and John Gibson, Circuit Judges]