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United States Court of Appeals Fifth Circuit FILED October 8, 2003 Charles R. Fulbruge III Clerk In the United States Court of Appeals for the Fifth Circuit m 03-40626 Summary Calendar K ENNETH J. S MITH , Plaintiff-Appellant, VERSUS L ATTIMORE M ATERIALS , Defendant-Appellee. Appeals from the United States District Court for the Eastern District of Texas m 4:02-CV-27 Before S MITH , D E M OSS , and S TEWART , Circuit Judges.
P ER C URIAM : * Kenneth Smith, pro se , sued Lattimore Materials for violation of the ADA. The magistrate judge to whom the matter was referred by consent granted summary judgment for Lattimore. Smith appeals pro se .
Th ere is no basis for recovery under the ADA. The magistrate judge explained why in a comprehe nsive and persuasive order dated March 24, 2003, and entered on March 25, 2003.
The judgment is AF FIRMED, essentially for the reasons given by the magistrate judge. * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4.
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