United States v. Wade Allen Wheat

1 The Honorable John F. Nangle, United States District Judge for the Eastern
District of Missouri, sitting by designation.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-3148
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Barbara Eldridge; Betty Littleton; *
Sharon Luckett; Dorothy Cooper; *
Naomi Eldridge; Ruthie Wade; *
Sarah Fox; Eddie Mae Scott; *
Essie Williams; Jeannette Winfield, *
for themselves and all others * Appeal from the United States
similarly situated, * District Court for the
* Western District of Missouri.
Appellants, *
* [UNPUBLISHED]
v. *
*
John Knox Village, A Missouri *
Corporation, *
*
Appellee.
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Submitted: November 15, 2001
Filed: December 5, 2001
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Before BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and
NANGLE,1 District Judge.
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PER CURIAM.

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The pivotal issue in this appeal is whether under Missouri law at-will
employees have a contractual relationship with their employers for purposes of suit
under 42 U.S.C. § 1981. The district court determined they do not and dismissed
plaintiffs' § 1981 claims. During the pendency of the appeal, this Court ruled on this
issue in Skinner v. Maritz, Inc., 253 F.3d 337 (8th Cir. 2001). In Skinner, we held
that under Missouri law the relationship between at-will employees and their
employers is contractual and, accordingly, that such employees may maintain § 1981
actions against their employers. On the basis of Skinner, the order of the district
court is reversed and the case is remanded for further proceedings.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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