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DANCO, INC. v. WAL-MART STORES, INC.

Nos. 98-2101, 98-2269.

178 F.3d 8 (1999)

DANCO, INC. and Benjamin Guiliani, Plaintiffs, Appellees/Cross-Appellants, v. WAL-MART STORES, INC., Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided May 12, 1999.

Attorney(s) appearing for the Case

Mark V. Franco with whom Michael R. Bosse and Thompson & Bowie were on brief for defendant.

Harold J. Friedman with whom Karen Frink Wolf and Friedman Babcock & Gaythwaite were on brief for plaintiffs.

Before TORRUELLA, Chief Judge, BOUDIN and STAHL, Circuit Judges.

BOUDIN, Circuit Judge.

In the district court, Danco, Inc., and its owner Benjamin Guiliani, brought suit against Wal-Mart, which is a major discount retailer. On a claim for racial discrimination under 42 U.S.C. § 1981, the jury awarded the plaintiffs $650,000, based on a hostile work environment theory; the judge reduced the award to $300,000. Wal-Mart appeals from this judgment; the plaintiffs cross-appeal from the district court's dismissal prior to the jury...

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