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WILMINGTON PARKING AUTHORITY v. BURTON

157 A.2d 894 (1960)

WILMINGTON PARKING AUTHORITY, a body corporate and politic of the State of Delaware, and Eagle Coffee Shoppe, Inc., a corporation of the State of Delaware, Appellants, v. William H. BURTON, Appellee.

Supreme Court of Delaware.

January 11, 1960.

Attorney(s) appearing for the Case

Clair John Killoran and David Snellenburg, II (of Killoran & VanBrunt), Wilmington, for appellant, Wilmington Parking Authority.

Thomas Herlihy, Jr., Wilmington, for appellant, Eagle Coffee Shoppe, Inc.

Louis L. Redding, Wilmington, for appellee, William H. Burton.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This action seeks a declaratory judgment that Eagle Coffee Shoppe, Inc. (hereafter Eagle), the lessee of Wilmington Parking Authority (hereafter the Authority) may not operate its restaurant business in the parking structure at Ninth and Shipley Streets, Wilmington, in a racially-discriminatory manner. The action was commenced by the plaintiff, a Negro, who was denied service by Eagle solely because of his...

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