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UNITED STATES v. McKOY

No. 11650.

387 F.2d 144 (1967)

UNITED STATES of America by Ramsey Clark, Acting Attorney General, Appellee, v. Roy Elder McKOY and Patricia McKoy d/b/a Belvoir Restaurant, Appellants.

United States Court of Appeals Fourth Circuit.

Decided December 4, 1967.

Attorney(s) appearing for the Case

Frank M. McCann, Lynchburg, Va., for appellants.

Monica Gallagher, Attorney, Department of Justice (John Doar, Asst. Atty. Gen., Frank E. Schwelb and Alvin Hirshen, Attorneys, Department of Justice, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

The appellants, the operators of a restaurant, attack the constitutionality of Title II of the Civil Rights Act of 1964 under the First, Fifth, Sixth, Ninth, Tenth and Thirteenth Amendments to the Constitution of the United States. Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258 and Katzenbach v. McClung, 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290...

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