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BILELLO v. KUM & GO, LLC.

No. 03-2466.

374 F.3d 656 (2004)

Frank BILELLO, Appellant, v. KUM & GO, LLC; Krause Gentle Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Marion F. Pruss of Omaha, NE. Also appearing on appellant's brief was Adam E. Astley, Senior Law Student.

Counsel who presented argument on behalf of the appellee was Jeffrey L. Goodman of West Des Moines, IA. Also appearing on appellee's brief was Marcy A. O'Brien of West Des Moines.

Before RILEY, McMILLIAN, and MELLOY, Circuit Judges.

RILEY, Circuit Judge.

Frank Bilello (Bilello), a Caucasian male, appeals the dismissal of his First Amended Complaint alleging Kum & Go, LLC, and Krause Gentle Corporation (collectively Kum & Go) violated 42 U.S.C. §§ 2000a and 1981 (2000) by refusing patrons access to restroom facilities at stores located east of 42nd Street in Omaha, Nebraska, while permitting patrons access to restroom facilities at stores...

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