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DEAN v. ASHLING

No. 26708.

409 F.2d 754 (1969)

Moses Arthur DEAN and Willie J. Matthews, Plaintiffs-Appellants, v. Mr. and Mrs. Donald ASHLING et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 30, 1969.

Attorney(s) appearing for the Case

Bruce S. Rogow, Blair C. Shick, Miami, Fla., for appellants. Martin Garbus, New York City, Howard W. Dixon, Alfred Feinberg, Miami, Fla., of counsel.

Thomas J. Walsh, Homestead, Fla., Starr W. Horton, William B. Roman, Miami, Fla., for appellees.

Before PHILLIPS, BELL, and MORGAN, Circuit Judges.

BELL, Circuit Judge:

This is an appeal from an order of the district court dismissing without prejudice a complaint seeking an injunction against trailer park operators who are alleged to have refused space to Negroes in violation of the public accommodations statute, Title II of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000a.1 We conclude that the district court applied an improper legal standard and that the judgment must be...

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