DENNY v. ELIZABETH ARDEN SALONS, INC.

No. 05-1228.

456 F.3d 427 (2006)

Jean DENNY; Seandria Denny, Plaintiffs-Appellants, v. ELIZABETH ARDEN SALONS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 9, 2006.


Attorney(s) appearing for the Case

ARGUED: James Arthur DeVita, Arlington, Virginia, for Appellants. Benjamin Gaillard Chew, Patton Boggs, L.L.P., Washington, D.C., for Appellee. ON BRIEF: Stephanie J. Quincy, Rachel M. Bacalzo, Sherman & Howard, L.L.C., Phoenix, Arizona, for Appellee.

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.


Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER joined and in which Judge KING joined as to Parts III and IV. Judge KING wrote an opinion dissenting in part.

WILKINSON, Circuit Judge:

In this case an African American woman bought her mother a gift package from a beauty salon and day spa. Upon visiting the salon to check on her mother and to add a hair coloring to the package...

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