DUANE v. GEICO

No. 92-1616.

37 F.3d 1036 (1994)

Vincent P. DUANE, Plaintiff-Appellee, v. GEICO; Geico General Insurance Company, Defendants-Appellants. American Civil Liberties Union; Mexican-American Legal Defense and Education Fund; Public Citizen, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 12, 1994.


Attorney(s) appearing for the Case

ARGUED: Thomas J.S. Waxter, Jr., Semmes, Bowen & Semmes, Baltimore, MD, Harley Thomas Howell, Howell, Gately, Whitney & Carter, Towson, MD, for appellants. Jerome Vincent Bolkcom, Washington, DC, for appellee. ON BRIEF: J. Douglass Ruff, Washington, DC, for appellants. Vincent P. Duane, Washington, DC, for appellee. Lucas Guttentag, American Civ. Liberties Union Foundation Immigrants' Right Project, New York City; David C. Vladeck, Cornish F. Hitchcock, Public Citizen, Washington, DC; H. Jefferson Powell, Duke Law School, Durham, NC; Eileen B. Hershenov, Rebecca W. French, Charles L. Kerr, Morrison & Foerster, New York City; Kevin Baker, Valerie Small Navarro, Mexican American Legal Defense and Educational Fund, Los Angeles, CA, for amici curiae.

Before ERVIN, Chief Judge, and RUSSELL and WILKINS, Circuit Judges.


Affirmed by published opinion. Judge DONALD RUSSELL wrote the opinion, in which Chief Judge ERVIN and Judge WILKINS joined.

OPINION

DONALD RUSSELL, Circuit Judge:

Defendant Government Employees Insurance Company (GEICO) appeals the district court's denial of its motion to dismiss plaintiff Vincent Duane's discrimination claim under 42 U.S.C. § 1981, 784 F.Supp. 1209. We find no error in the district court...

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