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JAMES v. CIRCUIT CITY STORES, INC.

Nos. 02-1256, 02-1257.

370 F.3d 417 (2004)

Marlene Luticia JAMES, Plaintiff-Appellee, v. CIRCUIT CITY STORES, INCORPORATED, Defendant-Appellant. Karen Moten; Nikita Atkinson; Marquel Merriman; Keisha Johnson; Peggy Redman; Pamela Nicole Brown; Cheryl Davis, Plaintiffs-Appellees, v. Circuit City Stores, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 4, 2004.

Attorney(s) appearing for the Case

ARGUED: David Neal Anthony, Kaufman & Canoles, P.C., Richmond, Virginia, for Appellant. Susan Elizabeth Huhta, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Washington, D.C., for Appellees. ON BRIEF: Kevin D. Holden, Susan C. North, Kaufman & Canoles, P.C., Richmond, Virginia; Teri C. Miles, Assistant General Counsel, Circuit City Stores, Inc., Richmond, Virginia; Rex Darrell Berry, Davis, Grimm, Payne, Marra & Berry, Seattle, Washington, for Appellant. Lois G. Williams, Courtney E. Ingraffia, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Washington, D.C.; James E. Sheffield, Richmond, Virginia; David J. Cynamon, Daisy Bygrave, Shaw Pittman, L.L.P., Washington, D.C.; John A. Gibney, Jr., Shuford, Rubin & Gibney, P.C., Richmond, Virginia, for Appellees.

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER and Judge MOTZ joined.

OPINION

WILLIAMS, Circuit Judge.

We are presented in this interlocutory appeal with two issues: whether the federal four-year limitations period in 28 U.S.C.A. § 1658 applies to claims under 42 U.S.C.A. § 1981 alleging racial discrimination during the course of an employment relationship...

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