The Dr. R.C. Samanta Roy Institute of Science and Technology and Midwest Oil of Minnesota, LLC appeal the district court’s 1 dismissal of their 42 U.S.C. § 1981 action. We agree with the district court that plaintiffs did not state a section 1981 claim, based on the reasoning of Phelps v. Wichita Eagle-Beacon, 886 F.2d 1262, 1267 (10th Cir. 1989), and thus we affirm. See 8th Cir. R. 47B. We deny appellee’s motion for summary dismissal of the appeal.