Dr. R.C. Samanta Roy v. Star Tribune, No. 05-3335 (8th Cir. 2006)

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Court Description: Civil Case - civil rights. District court's dismissal of section 1981 action is summarily affirmed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3335 ___________ Dr. R.C. Samanta Roy Institute of Science and Technology, a Wisconsin non-stock corporation; Midwest Oil of Minnesota, LLC, Appellants, v. The Star Tribune Company, f/k/a Cowles Media Company, d/b/a Star Tribune, Appellee. * * * * * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * * ___________ Submitted: October 6, 2006 Filed: October 23, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. The Dr. R.C. Samanta Roy Institute of Science and Technology and Midwest Oil of Minnesota, LLC appeal the district court s1 dismissal of their 42 U.S.C. ยง 1981 action. We agree with the district court that plaintiffs did not state a section 1981 1 The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota. claim, based on the reasoning of Phelps v. Wichita Eagle-Beacon, 886 F.2d 1262, 1267 (10th Cir. 1989), and thus we affirm. See 8th Cir. R. 47B. We deny appellee s motion for summary dismissal of the appeal. ______________________________ -2-

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