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SMITH v. OUACHITA TECHNICAL COLLEGE

No. 02-3975.

337 F.3d 1079 (2003)

Lynette SMITH, Plaintiff/Appellant, v. OUACHITA TECHNICAL COLLEGE; State of Arkansas, Defendants, Pete Paladino, in his official capacity; Bill Stilwell, in his official capacity; Jimmy Lea, in his official capacity; Dale Jenkins, in his official capacity; Huberta Teeter, in her official capacity; Kristi Norris, in her official capacity; Calvin Brown, in his official capacity; J. Barry Ballard, in his official capacity; Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2003.

Attorney(s) appearing for the Case

Mark Burnette, Little Rock, AR, for appellant.

Lori L. Feno, Little Rock, AR, for appellee.

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Lynette Smith appeals the district court's adverse grant of summary judgment on her claims of racial discrimination under 42 U.S.C. § 1981.1 We reverse.

The sole issue before us is whether the district court erred by refusing to consider Smith's claim of racial discrimination under 42 U.S.C. § 1981 on the ground that it had not been properly raised in the pleadings. In a footnote, the district court noted...

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