Opinion
No. 97-1014.
Submitted June 24, 1997.
Filed July 10, 1997.
United States District Court for the Eastern District of Missouri.
Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.
After remand, Elmer J. Webb, Jr., appeals from the district court's employment discrimination action. Because Webb has not provided a transcript of the trial proceedings, we cannot review the district court's factual findings. See Fed.R.App.P. 10(b); Meroney v. Delta Int'l Mach. Corp., 18 F.3d 1436, 1437 (8th Cir. 1994); Schmid v. United Bhd. of Carpenters Joiners, 827 F.2d 384, 386 (8th Cir. 1987) (per curiam), cert. denied, 484 U.S. 1071 (1988).
Accepting the district court's factual findings as true, we agree that judgment for defendant was proper. See Davenport v. Riverview Gardens Sch. Dist., 30 F.3d 940, 945 (8th Cir. 1994) (employer's identification of alleged rule infractions sufficiently set forth legitimate, nondiscriminatory reasons for plaintiff's termination); cf. Harvey v. Anheuser-Busch, Inc., 38 F.3d 968, 971-72 (8th Cir. 1994) (summary judgment proper where plaintiff failed to present sufficient evidence that proffered reason was pretextual or that discriminatory motive was more likely).
Webb incorrectly argues that he was entitled to a jury trial. His Title VII claim arose before the November 21, 1991 effective date of the 1991 Civil Rights Act, and the 1991 Act is not retroactive. See Landgraf v. USI Film Prods., 511 U.S. 244, 280-86 (1994); Wright v. General Dynamics Corp., 23 F.3d 1478, 1479 (8th Cir. 1994).
Accordingly, we affirm.