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LIZARDO v. DENNY'S, INC.

Docket Nos. 00-9015(L), 00-9063 (CON).

270 F.3d 94 (2001)

Arnold Roderrick LIZARDO, Li Feng Chiu, Yuya Hasegawa, Kyoko Hiraoka, Taiko Tatenami, Yoshika Kusada, Sean Dugan, Marchelle Woelfel, Antwaune Ponds, Mutinta Mazoka, Plaintiffs-Appellants, v. DENNY'S, INC., Denny's Holdings, Inc., NDI Foods, Inc., Kenneth E. Adams, Douglas L. Paninski, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: October 5, 2001.

Attorney(s) appearing for the Case

JOHN ROBERTI, New York City, (John J.P. Howley, Kaye, Scholer, Fierman, Hays & Handler, LLP, Kenneth Kimerling, Asian American Legal Defense and Education Fund on the briefs), for Plaintiffs-Appellants.

ELIZABETH A. WOLFORD, Rochester, New York, (Michael R. Wolford, Wolford & Leclair LLP, of counsel), for Defendants-Appellees Denny's, Inc. and Denny's Holdings.

EDWARD MELVIN II, Syracuse, N.Y. (Costello Cooney & Fearon on the brief), for Defendant-Appellee NDI Foods, Inc.

Before: CARDAMONE, LEVAL, Circuit Judges, and AMON, District Judge.

AMON, District Judge:

Plaintiffs appeal from a final judgment of the United States District Court for the Northern District of New York (Scullin, J.) granting defendants' motions for summary judgment on plaintiffs' claims brought pursuant to 42 U.S.C. § 1981 and 42 U.S.C. §§ 2000a and 2000a-2. Plaintiffs, seven Asian Americans and three African Americans, claim that they were victims of race discrimination and retaliation when employees of Denny...

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