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1The Honorable Paul A. Magnuson, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-3335
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Dr. R.C. Samanta Roy Institute of *
Science and Technology, a Wisconsin *
non-stock corporation; Midwest Oil *
of Minnesota, LLC, *
*
Appellants, *
*
v. * Appeal from the United States
* District Court for the
The Star Tribune Company, * District of Minnesota.
f/k/a Cowles Media Company, *
d/b/a Star Tribune, * [UNPUBLISHED]
*
Appellee. *
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Submitted: October 6, 2006
Filed: October 23, 2006
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Before SMITH, MAGILL, and BENTON, Circuit Judges.
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PER CURIAM.
The Dr. R.C. Samanta Roy Institute of Science and Technology and Midwest
Oil of Minnesota, LLC appeal the district court’s 1 dismissal of their 42 U.S.C. § 1981
action. We agree with the district court that plaintiffs did not state a section 1981
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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.
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