JONES v. ALFRED H. MAYER COMPANY

No. 18473.

379 F.2d 33 (1967)

Joseph Lee JONES and Barbara Jo Jones, Appellants, v. ALFRED H. MAYER COMPANY, a Corporation, Alfred Realty Company, a Corporation, Paddock Country Club, Inc., a Corporation, Alfred H. Mayer, an Individual and an Officer of the Above Corporations, Appellees.

United States Court of Appeals Eighth Circuit.

June 26, 1967.


Attorney(s) appearing for the Case

Samuel H. Liberman, II, St. Louis, Mo., for appellants; Arthur A. Leff, St. Louis, Mo., on the brief.

Israel Treiman of Shifrin, Treiman, Schermer & Susman, St. Louis, Mo., for appellees.

Sol Rabkin and Joseph B. Robison, New York City, filed brief amicus curiae for National Committee Against Discrimination in Housing.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.


BLACKMUN, Circuit Judge.

This case comes close to raising nakedly the question whether, in the absence of federal and state open housing legislation, an owner of a home, which is on the market for sale, may refuse to sell that home to a willing purchaser merely because that purchaser is a Negro. The district court has phrased the sensitive issue, in the case's factual context, as follows:

"[T]he issue is whether the willful refusal of an owner of private...

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