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DILWORTH v. RINER

No. 22008.

343 F.2d 226 (1965)

Lee F. DILWORTH et al., Appellants, v. T. N. RINER, Owner of Tom's Restaurant, et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 18, 1965.

Attorney(s) appearing for the Case

Melvin Zarr, New York City, Henry M. Aronson, R. Jess Brown, Jackson, Miss., Michael Meltsner, New York City, Harold H. Greene, Atty., Dept. of Justice, Washington, D. C., Jack Greenberg, New York City, for appellants.

C. R. Bolton, Tupelo, Miss., Robert D. Patterson, Aberdeen, Miss., for appellees. Burke Marshall, Asst. Atty. Gen., H. M. Ray, U. S. Atty., Harold H. Greene, Peter S. Smith, Bernard J. Haugen, Attys., Dept. of Justice, Washington, D. C., for the United States as amicus curiae.

Before BROWN and BELL, Circuit Judges and HUNTER, District Judge.

GRIFFIN B. BELL, Circuit Judge.

This appeal is from the denial of a temporary restraining order by the District Court. It was sought under a complaint filed by eighteen Negro citizens on September 22, 1964. The complaint was based on activity which occurred on September 5, 1964. The appeal presents a question of first impression under the Civil Rights Act of 1964, i. e., whether the Act constitutes congressional authorization for the staying of state prosecutions...

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