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TILLMAN v. WHEATON-HAVEN RECREATION ASS'N, INC.

No. 14957.

451 F.2d 1211 (1971)

Murray TILLMAN et al., Appellants, v. WHEATON-HAVEN RECREATION ASSOCIATION, INC., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Rehearing and Suggestion for Rehearing Denied December 16, 1971.

Attorney(s) appearing for the Case

Allison W. Brown, Jr., Washington, D.C. (Raymond W. Russell, Rockville, Md., on the brief), for appellants.

Henry J. Noyes, Rockville, Md., and H. Thomas Howell, Baltimore, Md. (John H. Mudd, Baltimore, Md., on the brief), for appellees.

Philip J. Tierney, Asst. County Atty., for Montgomery County, Maryland (David L. Cahoon, County Atty., Alfred H. Carter, Deputy County Atty., and Stanley D. Abrams, Asst. County Atty., for Montgomery County, Md., on the brief), for Montgomery County, Maryland, amici curiae.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 16, 1971.

HAYNSWORTH, Chief Judge:

The question is whether the Wheaton-Haven Recreation Association, a non-profit group operating a member-owned swimming pool, is required to admit persons as members or guests without regard to race. We find neither the Civil Rights Act of 1866 (42 U.S.C.A. §§ 1981 & 1982) nor the Civil Rights Act of 1964 (42 U.S.C.A. § 2000a et seq.) applicable...

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