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McCOWAN v. ALL STAR MAINTENANCE, INC.

No. 00-2040.

273 F.3d 917 (2001)

Warren N. McCOWAN; Johnny P. Luna; Steve E. Guerrero, Plaintiffs-Appellants, v. ALL STAR MAINTENANCE, INC.; Tim King; Steve Switzer; Tracy Gorman, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 30, 2001.

Attorney(s) appearing for the Case

Federico C. Alvarez (Rodrigo V. Ramos, Scherr, Legate, & Ehrlich, PLLC, El Paso, TX, on the briefs), Kelly, Haglund, Garnsey & Kahn, Denver, CO, for Plaintiffs-Appellants.

Charles J. Vigil (Jo Saxton Brayer, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM; David W. Croysdale and Amy Schmidt Jones, Michael Best & Friedrich, L.L.P., Milwaukee, WI, with him on the briefs), Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendants-Appellees.

Before MURPHY, HALL, and PORFILIO, Circuit Judges.

JOHN C. PORFILIO, Senior Circuit Judge.

After three weeks painting houses for All Star Maintenance, Inc., Warren N. McCowan, Johnny P. Luna, and Steve E. Guerrero were terminated, triggering the underlying lawsuit for discrimination based on their Hispanic national origin. This appeal challenges the dismissal of that lawsuit. Because our de novo review finds that disposition was premature, we reverse.

In the summer of 1997, All Star Maintenance did...

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