MILLER v. AMUSEMENT ENTERPRISES, INC.

No. 24259.

394 F.2d 342 (1968)

Mrs. Patricia B. MILLER, Individually and on Behalf of her minor children, Denise and Daniel Miller, Appellant, v. AMUSEMENT ENTERPRISES, INC., d/b/a Fun Fair Park, Appellee.

United States Court of Appeals Fifth Circuit.

April 8, 1968.


Attorney(s) appearing for the Case

John Doar, Stephen J. Pollak, Asst. Attys. Gen., David L. Norman, Brian K. Landsberg, Frank D. Allen, Attys., Dept. of Justice, Washington, D. C., amicus curiae.

Johnnie A. Jones, Baton Rouge, La., Norman C. Amaker, Henry M. Aronson, Jack Greenberg, James M. Nabrit, III, Michael Meltsner, New York City, for appellant; William Bennett Turner, New York City, of counsel.

Wray & Simmons, W. P. Wray, Jr., Baton Rouge, La., for appellee.

Before BROWN, Chief Judge, and RIVES, TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON and CLAYTON, Circuit Judges.


GEWIN, Circuit Judge:

A panel of this court rendered a decision in this cause on September 6, 1967 (No. 24259), 391 F.2d 86,1 holding that an amusement park is not an establishment covered by the Civil Rights Act of 1964, § 201(b) (3) and (c) (3), 42 U.S.C. § 2000a(b) (3) and (c) (3). A petition for rehearing en banc was granted. After much careful and...

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