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ARGUELLO v. CONOCO, INC.

No. 01-11549.

330 F.3d 355 (2003)

Denise ARGUELLO, et al., Plaintiffs, Denise Arguello and Alberto Govea, Plaintiffs-Appellants, v. CONOCO, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 2003.

Attorney(s) appearing for the Case

Hal K. Gillespie (argued), Susan D. Motley, Gillespie, Rozen & Watsky, Dallas, TX, Gilbert Arrazolo, Aguilar Law Offices, Albuquerque, NM, for Plaintiffs-Appellants.

Ronald E. Manthey, Steven R. McCown, Paulo B. McKeeby (argued), Littler Mendelson, Dallas, TX, Warren Reid Williamson, ConocoPhillips, Houston, TX, for Defendant-Appellee.

Michael Lutz Foreman (argued), Lawyers' Committee for Civil Rights Under Law, Washington, DC, for Lawyers' Committee for Civil Rights Under Law, Amicus Curiae.

Before SMITH, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Denise Arguello and Alberto Govea appeal (1) a judgment as a matter of law ("j.m.l.") on their claims of race discrimination in violation of 42 U.S.C. § 1981 and (2) the denial of their claims for injunctive relief under 42 U.S.C. § 2000a. Arguello and Govea, both of whom are Hispanic, entered a store owned by Conoco, Inc. ("Conoco"), intending to purchase gasoline and other items. There was a heated confrontation, during which...

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