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Case: 09-10183 Document: 00511475175 Page: 1

Date Filed: 05/12/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED

May 12, 2011

No. 09-10183

Lyle W. Cayce Clerk

RUBIN HERNANDEZ; JOHN KETTERER; ABRAM TREVINO,

Plaintiffs - Appellants

v.

YELLOW TRANSPORTATION, INCORPORATED,

Defendant - Appellee

Appeal from the United States District Court for the Northern District of Texas

Before CLEMENT, SOUTHWICK, and HAYNES, Circuit Judges. LESLIE H. SOUTHWICK, Circuit Judge:

Employees at a terminal for a trucking company brought claims of race discrimination, retaliation, and hostile work environment against their employer. The district court granted summary judgment to the defendant on some plaintiffs’ claims and allowed an immediate appeal. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND Rubin Hernandez, John Ketterer, and Abram Trevino (“Plaintiffs”) were employed at Yellow Transportation’s Dallas terminal. The evidence reveals a workplace that could be quite mean-spirited, crude, and insulting. The issue for us to decide is whether federal rights were violated.

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