Reggie Kelly v. Custom Concessions, Inc., No. 11-60436 (5th Cir. 2012)

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Case: 11-60436 Document: 00511750261 Page: 1 Date Filed: 02/07/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-60436 Summary Calendar February 7, 2012 Lyle W. Cayce Clerk REGGIE KELLY, Plaintiff - Appellant v. SNOWHAULERS TRUCKS, INCORPORATED, Defendant - Appellee Appeal from the United States District Court for the Southern District of Mississippi No. 2:10-cv-0083-KS-MTP Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The district court granted partial summary judgment to defendantappellee Snowhaulers Trucks, Inc. on claims for compensatory and punitive damages made by plaintiff-appellant Reggie Kelly. We have reviewed the parties arguments and the record de novo.1 We conclude that the district court s * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 2007). LeMaire v. Louisiana Dept. of Transp. and Development, 480 F.3d 383, 386 (5th Cir. Case: 11-60436 Document: 00511750261 Page: 2 Date Filed: 02/07/2012 No. 11-60436 judgment was correct, and affirm for essentially the reasons stated in its Memorandum Opinion and Order.2 2 We do not address appellant s argument that the district court s grant of summary judgment on his claim for punitive damages was premature, as that argument was made for the first time on appeal. See id. at 387. 2

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