DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

063453P.pdf   08/03/2007  William M. McGinnis  v.  Union Pacific RR
   U.S. Court of Appeals Case No:  06-3453
   District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Bowman and Arnold, Circuit
   Judges]
Civil case - employment discrimination. Plaintiff failed to establish either sexual favoritism or sex discrimination, and the district court did not err in granting defendant's motion for summary judgment on the claim; with respect to plaintiff's claim of age discrimination, he failed to establish a prima facie case because he did not provide any evidence that he was replaced by a younger person; even if plaintiff made a prima facie case of age discrimination, he failed to show the stated reasons for his discharge - poor performance and violation of work rules - were pretexts for age discrimination.