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HARVIS v. ROADWAY EXP. INC.

No. 90-3103.

923 F.2d 59 (1991)

James T. HARVIS, Jr., Plaintiff-Appellant, Maurice Rivers and Robert C. Davison, Plaintiffs, v. ROADWAY EXPRESS, INC., Defendant-Appellee, Local 20, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1991.

Attorney(s) appearing for the Case

Ellis Boal, Detroit, Mich., Terry J. Lodge (argued), Toledo, Ohio, for plaintiff-appellant.

Thomas J. Gibney, Robert J. Gilmer, Jr., John T. Landwehr (argued), Eastman & Smith, Toledo, Ohio, for defendant-appellee.

Before MERRITT, Chief Judge, MARTIN and NORRIS, Circuit Judges.

MERRITT, Chief Judge.

The Supreme Court decided Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), narrowing the scope of discriminatory contract actions under 42 U.S.C. § 1981, shortly after the jury returned a verdict for defendant on plaintiff's § 1981 claim. The Patterson case forms the basis of plaintiff's novel argument on appeal. The plaintiff has appealed from the...

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