Clarence McCann v. New World Pasta Company, No. 12-2152 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case. Defendant's summary judgment affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2152 ___________________________ Clarence McCann lllllllllllllllllllll Plaintiff - Appellant v. New World Pasta Company lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 23, 2012 Filed: April 8, 2013 [Unpublished] ____________ Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Clarence McCann appeals the district court s1 orders granting summary judgment to New World Pasta Company and denying McCann appointment of 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. counsel. New World Pasta Company moves to strike certain new evidence that McCann has submitted on appeal, and we grant the motion. Having carefully reviewed the record that was before the district court, see Estate of Morgan v. Cook, 686 F.3d 494, 496 (8th Cir. 2012) (de novo review), we conclude that summary judgment was properly granted for the reasons explained in the court s thorough memorandum and order. We also conclude that the district court did not abuse its discretion in denying appointment of counsel. See Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794 (8th Cir. 2006). Accordingly, we affirm the district court s judgment. See 8th Cir. R. 47B. ______________________________ -2-
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