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PEARSON v. DUCK

No. 88-3106.

871 F.2d 579 (1989)

Leozie PEARSON, Jr. and Carol Pearson, Plaintiffs-Appellants, v. Harrison DUCK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1989.

Attorney(s) appearing for the Case

Ronald G. Macala, Randall Vehar (argued), Green, Haines, Sgambati, Murphy & Macala, Canton, Ohio, for plaintiffs-appellants.

Keith L. Pryatel (argued), John E. Holcomb, Millisor & Nobil, Akron, Ohio, for defendant-appellee.

Before WELLFORD and BOGGS, Circuit Judges, and SIMPSON, District Judge.

BOGGS, Circuit Judge.

The Pearsons appeal the dismissal of their race discrimination action under Fed.R.Civ.P. 12(b)(6). The trial judge first dismissed on grounds that the suit was time-barred, but then reversed and vacated his judgment, ultimately granting Duck's motion to dismiss on the grounds that the Pearsons had failed to allege a breach of or refusal to contract, which the judge held was necessary to state a claim under 42 U.S.C. § 1981. We affirm.

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