dissenting.
I would reverse the judgment of the district court and remand the case for further proceedings. In my view, the complaint adequately alleges racially based interference with the contract rights of the appellant. I do not believe that we can say that the claim was waived in the district court. Nor do I read the appellant’s brief as waiving the question in this court. Therefore, under the law as it now stands, the appellant has a right to progress beyond the initial pleadings and, in my view, it was error for the district court to cut off the litigation so summarily.