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STATE v. FOX

No. 442.

118 S.E.2d 58 (1961)

254 N.C. 97

STATE of North Carolina v. James A. FOX and Albert R. Sampson.

Supreme Court of North Carolina.

February 3, 1961.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Ralph Moody, for the State.

Samuel S. Mitchell, George R. Greene, F. J. Carnage, George E. Brown, Raleigh, and Jack Greenberg, New York City, for defendant appellants.

PER CURIAM.

McCrory-McLellan Stores (called McLellan) operated a mercantile establishment on Fayetteville Street in Raleigh where it offered for sale to the public a general line of merchandise. In this store it set apart an area for lunch counter service. This area was enclosed by fence. McLellan pursued the policy of restricting its lunch counter service to its employees and its white patrons. This fact was known to defendants, who are Negroes. To test the right...

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