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TYSON v. CAZES

No. 22616.

363 F.2d 742 (1966)

Dr. Bertrand O. TYSON, Appellant, v. Lt. Clarence J. CAZES et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 25, 1966.

Attorney(s) appearing for the Case

Norman Amaker, New York City, Murphy W. Bell, Baton Rouge, La., Jack Greenberg, New York City, for appellant.

Edward N. Engolio, Plaquemine, La., for appellees.

John Doar, Asst. Atty. Gen., David L. Norman, Alan G. Marer, Alvin Hirshen, Attys., Dept. of Justice, Washington, D. C., for the United States, amicus curiae.

Before BROWN, BURGER, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

At about 2:30 a. m. July 16, 1964 the plaintiff, Dr. Bertrand O. Tyson, a Negro ordered a drink in the Celebrity Lounge, a public bar and lounge in the town of Plaquemine, Louisiana. At that time a city ordinance was in effect requiring separate services for Negroes and whites at public bars. An employee informed Dr. Tyson that the Celebrity Lounge did not serve Negroes and asked him to leave the premises. He refused to leave without being served...

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