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WOOTEN v. MOORE

No. 11897.

400 F.2d 239 (1968)

E. W. WOOTEN, W. G. Hickman, R. M. Whitehead, Annie B. Davis, Hauana Suggs, Roberta Suggs, Alberta C. Edwards, Clara B. Saunders, Dorothy Williams and L. C. Nixon, Appellees, v. John MOORE, trading and doing business as Moore's Barbecue Restaurant, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 5, 1968.

Attorney(s) appearing for the Case

Douglas P. Connor, Mount Olive, N. C., for appellant.

J. LeVonne Chambers, Charlotte, N. C. (Conrad O. Pearson, Durham, N. C., Jack Greenberg and Michael Meltsner, New York City, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and MERHIGE, District Judge.

BUTZNER, Circuit Judge:

John Moore appealed an order of the district court, entered pursuant to Title II of the Civil Rights Act of 1964, enjoining him from discriminating against Negroes in the operation of Moore's Barbecue Restaurant. The action was brought by Negroes who had been denied service on account of their race. Moore admits he does not serve Negroes, but he contends that the operations of his restaurant do not have a substantial effect upon interstate...

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