MUHAMMAD v. OLIVER

No. 07-3336.

547 F.3d 874 (2008)

Dennis MUHAMMAD, et al., Plaintiffs-Appellants, v. Christine OLIVER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 2008.


Attorney(s) appearing for the Case

Richard S. Fedder (argued), Carbondale, IL, for Plaintiffs-Appellants.

James P. Gaughan, Jr. (argued), Schiff Hardin, Chicago, IL, for Defendants-Appellees.

Before CUDAHY, POSNER, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

The plaintiffs have appealed from the dismissal of their suit for failure to state a claim. Fed.R.Civ.P. 12(b)(6). The suit is based on 42 U.S.C. § 1981, which provides in pertinent part that everyone "shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens." The appeal presents issues relating to pleading, res judicata, and the meaning of section 1981.

The principal plaintiff (the other...

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