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MAYOR AND COUNCIL OF WILMINGTON v. SMENTKOWSKI

198 A.2d 685 (1964)

The MAYOR AND COUNCIL OF WILMINGTON, a Municipal Corporation of the State of Delaware, v. Victoria SMENTKOWSKI.

Supreme Court of Delaware.

March 19, 1964.

Attorney(s) appearing for the Case

O. Francis Biondi, City Sol., and Frank J. Gentile, Jr., Asst. City Sol., for The Mayor and Council of Wilmington.

Elwood F. Melson, Jr., Wilmington, for defendant.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

CAREY, Justice.

This case, which was certified to us from the Superior Court, involves the validity of a Wilmington City ordinance designed to prohibit discrimination in restaurants because of race, color or religion.

The ordinance requires the obtaining of a City license to conduct various businesses within the City limits. On June 1, 1961, it was amended to provide that no person holding a license to operate a restaurant...

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