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KRAUSS v. SACRAMENTO INN

Civ. No. S-1170.

314 F.Supp. 171 (1970)

Mary K. KRAUSS, Plaintiff, v. SACRAMENTO INN, a California corporation, El Dorado Inn, a California corporation, Carl Greer Inn, a California corporation, Caravan Inn, a California corporation, State of California, Department of Alcoholic Beverage Control, Edward J. Kirby, Director of the Alcoholic Beverage Control of the State of California, Doe I through Doe XIV and Doe Company, Defendants.

United States District Court, E. D. California.

June 15, 1970.

Attorney(s) appearing for the Case

Kenneth B. Cayocca, Sacramento, Cal., for plaintiff.

Mitchell, Silberberg & Knupp, Los Angeles, Cal., Rubenstein & Hawkins, Thomas C. Lynch, Atty. Gen., for the State of California, San Francisco, Cal., McGregor, Bullen & McKone, Jones, Lamb, Jarboe & Boli, Sacramento, Cal., for defendants.

David W. Zugschwerdt, Equal Employment Opportunity Commission, Washington, D. C., amicus curiae.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

Plaintiff brings this action for damages and an injunction to restrain enforcement of Section 25656 of the California Alcoholic Beverage Control Act (Cal. Business and Professions Code § 25656 (West 1969)). That section makes it a misdemeanor to employ a female bartender unless she is the owner or licensee of the premises or the wife of the owner or licensee. The section is alleged to be void as inconsistent...

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