Ceolia Witt v. World Travel, (8th Cir. 2004)

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United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 03-1560

Ceolia Witt, Appellant, v. World Travel Partners I, LLC; BTIA Americas, Inc. and Affiliated and Related Entities, Appellees.

Submitted: January 6, 2004

Filed: January 22, 2004

Before RILEY, McMILLIAN, and SMITH, Circuit Judges.

PER CURIAM.

Ceolia Witt appeals from the final judgment entered in the District Court1 for the Western District of Missouri following the district courtÂ’s partial adverse grant of summary judgment, and the courtÂ’s subsequent judgment for defendants after a bench trial, in WittÂ’s employment discrimination suit against her former employer.

For reversal, Witt notes that she lacks counsel and argues that she should receive severance pay. For the reasons discussed below, we affirm.

Although we decline appelleesÂ’ invitation to dismiss this appeal based on WittÂ’s noncompliance with Fed. R. App. P. 28(a), we address only the matters raised in WittÂ’s brief. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740 (8th Cir. 1985) (failure to raise or discuss issue in brief is deemed abandonment of issue). According to the deposition testimony in the record, Witt declined severance pay and we are unable to discern without a trial transcript what additional evidence, if any, was adduced at trial as to severance pay or the lack of it. See Schmid v. United Bhd. of Carpenters, 827 F.2d 384, 386 (8th Cir. 1987) (per curiam) (appellantÂ’s failure to provide complete transcript makes it impossible to review evidence presented at trial), cert. denied, 484 U.S. 1071 (1988). Based on our review of the limited record before us, we conclude that WittÂ’s receipt of severance pay is not material to the issues that were raised by Witt and decided by the district court.

Further, WittÂ’s lack of counsel is not a basis for reversal.

Accordingly, we affirm the judgment of the district court.

Appeal from the United States

District Court for the

Western District of Missouri

[UNPUBLISHED]

[1] The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.

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