William M. Lavender v. V & B Transmissions & Auto Repair, Tony Ray Morton v. V & B Transmissions & Auto Repair

THORNBERRY, Circuit Judge:

Plaintiffs appeal the district court’s dismissal of their employment discrimination suit alleging that they were discharged in violation of 42 U.S.C. § 1981. Finding that Patterson v. McLean Credit Union, — U.S.-, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989) should be given retroactive application, we dismiss the claims for failing to state a cause of action under section 1981.

Facts and Procedural History

Plaintiffs William W. Lavender and Tony Ray Morton, who are both white males, allege that defendant V & B Transmissions & Auto Repair (V & B), a minority-owned business,…