MARSHALL v. KANSAS CITY

No. 48419.

355 S.W.2d 877 (1962)

Frank J. MARSHALL, d/b/a Marshall's Restaurant, et al., Respondents, v. KANSAS CITY, Missouri, a Municipal Corporation, Appellant.

Supreme Court of Missouri, En Banc.

April 9, 1962.


Attorney(s) appearing for the Case

John Phillip Ryan, City Counselor, Anthony P. Nugent, Jr., Associate Counselor, Harold L. Holliday, Associate Counselor, Kenneth L. Gottschall, Asst. City Counselor, Kansas City, for appellant, Kansas City, Mo.

Bellemere & Bellemere, Kansas City, for respondents.

Alvin Shapiro, Kansas City, Jack N. Fingersh, Kansas City, Sol Rabkin, Paul Hartman, New York City, Theodore Leskes, New York City, amici curiae.

Thos. J. Neenan, City Counselor, David S. Hemenway, Asst. City Counselor, St. Louis, for City of St. Louis, amici curiae.

William K. Hayden, Leonard S. Hughes, Jr., Kansas City, amicus curiae N.A.A.C.P.


STORCKMAN, Judge.

This case involves the constitutionality of an ordinance of the city of Kansas City, Missouri, purporting to render it unlawful for restaurants, hotels and motels to refuse to serve or accommodate any person for any reason directly or indirectly relating to the race or color of such person. The plaintiffs, all engaged in the restaurant business, filed this action against the city of Kansas City seeking...

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