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FERNANDES v. COSTA BROS. MASONRY, INC.

No. 99-1692.

199 F.3d 572 (1999)

Henry John FERNANDES, et al., Plaintiffs, Appellants, v. COSTA BROTHERS MASONRY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Renee J. Bushey, with whom Michael A. Feinberg and Feinberg, Charnas & Birmingham, P.C. were on brief, for appellants.

Richard W. Gleeson, with whom Gleeson & Corcoran was on brief, for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

SELYA, Circuit Judge.

Henry John Fernandes, Richard H. Gilbert, and Benjamin G. Rose, all dark-skinned Cape Verdeans,1 sued their quondam employer, Costa Brothers Masonry, Inc. (Costa Bros.), alleging a discriminatory failure to rehire. They now appeal from an order granting summary judgment against them. Their appeal requires us to explore how courts charged with resolving discrimination cases should choose between pretext analysis (an...

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