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NESMITH v. YOUNG MEN'S CHRISTIAN ASS'N OF RALEIGH, N. C.

No. 11931.

397 F.2d 96 (1968)

Samuel E. NESMITH, Appellant, v. YOUNG MEN'S CHRISTIAN ASSOCIATION OF RALEIGH, N. C., and C. Lynn Brown, President of Executive Committee of Young Men's Christian Association of Raleigh, N. C., Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 7, 1968.

Attorney(s) appearing for the Case

Michael Meltsner, New York City, (Conrad O. Pearson, Durham, N. C., Samuel S. Mitchell, Romallus O. Murphy, Raleigh, N.C., J. LeVonne Chambers, Charlotte, N.C., and Jack Greenberg, New York City, on brief) for appellant.

James K. Dorsett, Jr., Raleigh, N.C., (Henry A. Mitchell, Jr., and Smith, Leach, Anderson & Dorsett, Raleigh, N. C., on brief) for appellees.

Before SOBELOFF and BOREMAN, Circuit Judges, and RUSSELL, District Judge.

SOBELOFF, Circuit Judge:

The issue presented by this appeal is whether the health and athletic facilities of the Young Men's Christian Association of Raleigh, Inc., are covered by Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a et seq., which prohibits racial discrimination in places of public accommodation. That the lodging and eating operations of the Association are subject to the Act is uncontested.

Plaintiff, a 29-year old Negro Methodist...

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