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HAMMOND v. KMART CORP.

No. 13-1469.

733 F.3d 360 (2013)

Chenell HAMMOND, Plaintiff, Appellant, v. KMART CORPORATION and Sears Holdings Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 25, 2013.

Attorney(s) appearing for the Case

Christopher J. Trombetta , for appellant.

William F. Benson , with whom Christine M. Netski and Sugarman, Rogers, Barshak & Cohen, P.C. were on brief, for appellees.

Before LYNCH, Chief Judge, THOMPSON and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

Chenell Hammond, a retail customer, appeals from the dismissal of her action under 42 U.S.C. § 1981 against Kmart Corporation and Sears Holdings Corporation (collectively, "Kmart"), where she successfully purchased goods using the store's layaway process. The district court granted Kmart's motion to dismiss because Hammond's pleadings were insufficient to state a claim under § 1981. It dismissed...

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