United States Fifth Circuit

In a suit alleging racial discrimination, the district court's grant of defendant's motion to dismiss is reversed where plaintiff properly pled that he is a minority who was denied service due to discriminatory intent, establishing a prima facie case in the pleadings.

Appellate Information

• Decided 12/14/2004
• Published 12/15/2004

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, SMITH and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Courtney Wilson, Metairie, LA, for Plaintiff-Appellant., Fred L. Herman (argued), Thomas J. Barbera, Law Offices of Fred L. Herman, New Orleans, LA, for Sewell Cadillac-Chevrolet Inc., Heather R., Hamilton (argued), Lathrop & Gage, Kansas City, MO, for General Motors Corp.