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PARKER EXCAVATING, INC. v. LAFARGE WEST, INC.

No. 16-1225.

863 F.3d 1213 (2017)

PARKER EXCAVATING, INC., a Colorado corporation, Plaintiff-Appellant, v. LAFARGE WEST, INC., A Delaware corporation; Martin Marietta Materials, Inc., a North Carolina corporation; Fidelity and Deposit Company of Maryland, a Maryland corporation; Nick Guerra, Defendants-Appellees, Alf Randall, in his individual capacity; Robert Schmidt, in his individual capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

July 18, 2017.

Attorney(s) appearing for the Case

Jennifer K. Fischer , Fischer & Fischer, P.C., Denver, Colorado, appearing for Plaintiff-Appellant.

William T. O'Connell, III ( Larry S. McClung and Rachel Ollar Entrican , with him on the brief), Wells, Anderson & Race, LLC, Denver, Colorado, appearing for Appellees LaFarge West, Inc. and Fidelity and Deposit Company of Maryland.

Van Aaron Hughes ( Jonathan G. Pray and Hannah M. Caplan , with him on the brief), Brownstein Hyatt Farber Schreck, LLP, Denver, Colorado, appearing for Appellees Martin Marietta Materials, Inc. and Nick Guerra.

Before HARTZ, MATHESON, and PHILLIPS, Circuit Judges.

This appeal arises from a grant of summary judgment against Plaintiff-Appellant Parker Excavating, Inc. ("PEI") on its civil rights claim against Defendants-Appellees Lafarge West, Inc. ("Lafarge"),1 Martin Marietta Minerals, Inc. ("MMM"), and Nick Guerra, an employee of Lafarge and MMM.

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