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UNITED STATES COURT OF APPEALS FIFTH CIRCUIT ____________ No. 01-40151 ____________ DEROSHER E PRICE, Plaintiff - Appellant, versus FEDERAL EXPRESS CORP, Defendant - Appellee. Appeal from the United States District Court For the Southern District of Texas March 12, 2002 Before BALDOCK,(1) SMITH, and EMILIO M. GARZA, Circuit Judges. EMILIO M. GARZA, Circuit Judge: Plaintiff-Appellant Derosher Price ("Price") appeals the district court's grant of summary judgment in favor of Defendant-Appellee Federal Express Corporation ("FedEx"). Price filed suit against FedEx alleging racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., after he applied for a promotion to "Zone Manager," and was rejected in favor of a white applicant. On appeal, we must decide whether the district court correctly determined that Price had failed to establish a genuine issue as to any material fact showing that he was the victim of intentional discrimination. I Price, a black male, began his employment with FedEx in December 1984. In the intervening sixteen years, he has held a variety of positions, including Courier, Security Officer, Operations Manager, and most recently, Senior Security Specialist III. In June of 1997, two months after starting his position as a Security Specialist, Price applied for the position of Zone Manager of FedEx's Southern Region, located in Atlanta. Mark Hogan
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("Hogan"), a senior manager, conducted the hiring process for the Zone Manager position. At the time the position was posted, Atlanta was one of the company's worst sites for theft and pilferage of customers' packages. According to Hogan, FedEx was looking for someone with significant experience, leadership ability, and ties to Atlanta to help correct this situation. Hogan posted the job position, seeking internal applicants from within the company, four times starting in December 1996. Each time, the posting included the following language: REQUIRES: BACHELOR'S DEGREE/EQUIVALENT. FIVE (5) YEARS PROFESSIONAL EXPERIENCE IN LAW ENFORCEMENT OR CORPORATE SECURITY. KNOWLEDGE OF FAA SECURITY REGULATIONS AND LAWS, INVESTIGATIONS, INTERROGATIONS AND DETECTION/ALARM SYSTEMS. REQUIRED TRAVEL 30-40%. MUST HOLD OR BE ABLE TO HOLD A SECRET SECURITY CLEARANCE. STRONG BASIC MANAGEMENT, HUMAN RELATIONS, COMMUNICATIONS SKILLS. Four white candidates, all of whom had been with FedEx longer than the candidate who was eventually selected, were rejected after responding to the first three postings. Price applied for the position after the fourth posting in June, 1997. To assist in the application process, Price's manager wrote an interoffice memorandum on his behalf, stating that he would waive any length of service requirement for Price, given his short tenure in his present position as a Security Specialist III. Hogan selected three candidates to interview, including Price. An interview panel, comprised of two senior managers in addition to Hogan, including one black manager, interviewed the three applicants.
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