                    UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT


                          _______________________

                                No. 97-40286
                              Summary Calendar
                          _______________________


MELANIE MARTINEZ-JONES,

                                                         Plaintiff-Appellant,

                                   versus

J C PENNEY COMPANY, INCORPORATED,

                                                         Defendant-Appellee.


_________________________________________________________________

           Appeal from the United States District Court
                 for the Eastern District of Texas
                            (2:96-CV-65)
_________________________________________________________________
                          January 6, 1998


Before JONES, SMITH, and STEWART, Circuit Judges.

PER CURIAM:*

           Having reviewed the briefs and pertinent portions of the

record, we agree for essentially the reasons stated by the district

that summary judgment was properly granted to appellee.                There is

no   genuine   material    issue   of   fact   as   to   appellant’s    claims,

including whether her asthma substantially limited any major life

activity or prevented her from working in any building other than



      *
      Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
the Legacy Complex.   See Heilwell v. Mount Sinai Hospital, 32 F.3d

718, 722-24 (2d Cir. 1994).

          AFFIRMED.
