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WHITE v. BFI WASTE SERVICES, LLC

Nos. 03-1833, 03-2020.

375 F.3d 288 (2004)

Arnold WHITE, Plaintiff-Appellant, v. BFI WASTE SERVICES, LLC, Defendant-Appellee. Delbert Gaskins, Plaintiff-Appellant, v. BFI Waste Services, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2004.

Attorney(s) appearing for the Case

ARGUED: Christopher Edwin Brown, Alexandria, Virginia, for Appellants. Abbey Gail Hairston, Seyfarth Shaw, Washington, D.C., for Appellee. ON BRIEF: Edwin C. Brown, Jr., Brown, Brown & Brown, P.C., Alexandria, Virginia, for Appellants. Christina S. Pignatelli, Seyfarth Shaw, Washington, D.C., for Appellee.

Before LUTTIG and KING, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of

Affirmed in part, reversed in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge KING and Senior Judge BEEZER joined.

LUTTIG, Circuit Judge:

Appellants Delbert Gaskins and Arnold White, who are black, are employed as "roll-off" drivers for defendant-appellee BFI Waste Services (BFI). Appellants' jobs primarily entail picking up the refuse containers of BFI's clients, emptying the...

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