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UNITED STATES EX REL. CLARK v. GRAMER

No. 26746.

418 F.2d 692 (1969)

UNITED STATES of America, by Ramsey CLARK, Attorney General of the United States, Plaintiff-Appellant, v. Richard Ebbert GRAMER d/b/a Tall Pine Inn Restaurant, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

October 10, 1969.

Attorney(s) appearing for the Case

Gary J. Greenberg, Atty., Dept. of Justice, Washington, D. C., Richard B. Hardee, U. S. Atty., Tyler, Tex., Carl R. Roth, Asst. U. S. Atty., Stephen J. Pollak, Asst. Atty. Gen., for plaintiff-appellant.

Clyde E. Smith, Jr., Woodville, Tex., for defendant-appellee.

Before AINSWORTH and SIMPSON, Circuit Judges, and MITCHELL, District Judge.

SIMPSON, Circuit Judge:

This appeal is from a "consent" decree entered without a trial by the trial court, enjoining appellee from certain activities proscribed by the public accommodations provisions of the Civil Rights Act of 1964.1

The complaint alleged that appellee, in the operation of his restaurant at Woodville, Tyler County, Texas, "maintains a dining area in the front portion of the establishment in which only whites are...

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