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NEWMAN v. PIGGIE PARK ENTERPRISES, INC.

No. 10860.

377 F.2d 433 (1967)

Anne P. NEWMAN, Sharon W. Neal and John Mungin, Appellants, v. PIGGIE PARK ENTERPRISES, INC., a Corporation and L. Maurice Bessinger, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 24, 1967.

Attorney(s) appearing for the Case

Matthew J. Perry, Columbia, S. C., and Michael Meltsner, New York City (Jack Greenberg, New York City, Lincoln C. Jenkins, Jr., and Hemphill P. Pride, II, Columbia, S. C., on brief), for appellants.

Alan G. Marer, Atty., Dept. of Justice (John Doar, Asst. Atty. Gen., David L. Norman, Michael Flicker and Alvin Hirshen, Attys., Dept. of Justice, on brief), for the United States, amicus curiae, and Samuel B. Ray, Jr., Barnwell, S. C., for appellees.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, BELL, WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

This is a class action brought to obtain injunctive relief and the award of counsel fees under Title II of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000a to a-6. Plaintiffs appeal from the decision of the district court holding that Negro citizens may be barred on account of their race and color from buying and eating barbecue at certain drive-in restaurants in South Carolina. We disagree and reverse.*

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