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MONTOYA v. FEDEX GROUND PACKAGE SYSTEM, INC.

No. 09-40288.

614 F.3d 145 (2010)

Alfred MONTOYA, Plaintiff-Appellant, v. FEDEX GROUND PACKAGE SYSTEM, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 2010.

Attorney(s) appearing for the Case

Murray Edward Malakoff (argued), Laredo, TX, for Plaintiff-Appellant.

Steven Wayne Dennis (argued), William E. Reid, Frederick Linton Medlin, Reid & Dennis, P.C., Dallas, TX, for Defendant-Appellee.

Before DAVIS, SMITH and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Alfred Montoya appeals from the district court's dismissal of his 42 U.S.C. § 1985(2) suit against FedEx Ground Package System, Inc. ("FXG"), for failure to state a claim. The district court concluded that the statute of limitations had run on Montoya's claims. We pretermit the statute of limitations question and instead AFFIRM on the alternate grounds that Montoya has not plausibly alleged a conspiracy aimed at deterring him from or retaliating...

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