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ROWSER v. MILLER

No. 78-3212.

631 F.2d 433 (1980)

Leroy ROWSER et al., Plaintiffs-Appellants, v. Samuel MILLER, Receiver, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Ishmael C. Childs, Cleveland, Ohio, for plaintiffs-appellants.

Howard W. Broadbent, Barbara Leukart, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for defendant-appellee.

Before MERRITT, BROWN and JONES, Circuit Judges.

MERRITT, Circuit Judge.

This is an appeal from the sua sponte dismissal by District Judge Green of the plaintiff's racial discrimination complaint five days after it was filed. The ten plaintiffs were black supervisory employees of the Cleveland Sheraton Hotel while the hotel was under the receivership of the defendant. Their complaint, brought under 42 U.S.C. § 1981, alleges that the receiver discriminatorily refused to give them the same accumulated vacation...

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