527 F2d 1389 Breedlove v. Housing Authority of City of Swainsboro Georgia H

527 F.2d 1389

12 Fair Empl.Prac.Cas. 1472

Ada A. BREEDLOVE, Plaintiff-Appellant,
v.
HOUSING AUTHORITY OF the CITY OF SWAINSBORO, GEORGIA, James
H. Morgan, Chairman, et al., etc., Defendants-Appellees.

No. 74--3376.

United States Court of Appeals,
Fifth Circuit.

March 4, 1976.

Fletcher Farrington, Savannah, Ga., for plaintiff-appellant.

Julian H. Toporek, Savannah, Ga., Sidney B. Shepherd, Swainsboro, Ga., for defendants-appellees.

Before WISDOM, COLEMAN and GEE, Circuit Judges.

PER CURIAM:

1

The judgment of the district court is affirmed.

2

The district court found 'as a matter of fact that Mrs. Breedlove being female did not determine and control the action taken by the Commission. . . .' Upon consideration of this finding and the full record, we hold that sex was not a factor in the Commission's employment decision. Any prima facie case of sexual discrimination was adequately rebutted. McDonnell-Douglas Corp. v. Green, 1973, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668.

3

Affirmed.