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SELDEN v. TOPAZ 1-2-3 LOUNGE, INC.

No. 30434.

447 F.2d 165 (1971)

David SELDEN, President, Etc., et al., Plaintiffs-Appellants, v. TOPAZ 1-2-3 LOUNGE, INC. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 24, 1971.

Attorney(s) appearing for the Case

Charles E. Cotton, New Orleans, La., Jack Greenberg, Conrad K. Harper, Lowell Johnston, New York City, James M. Nabrit, III, Norman C. Amaker, New York City, Robert F. Collins, Nils R. Douglas, Lolis E. Elie, New Orleans, La., for plaintiffs-appellants.

R. Louis Carruth, Alvin J. Liska, City Atty., Blake G. Arata, City Atty., Ernest L. Salatich, Asst. City Atty., New Orleans, La., for defendants-appellees.

Before CLARK, Associate Justice, and GEWIN and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1971.

PER CURIAM:

Agreeing with the District Court that this case is not moot,1 we affirm the dismissal on the ground that the Topaz 1-2-3 Lounge, which does not serve food or offer entertainment, is not within the ambit of the Civil Rights Act of 1964,2 and that the Civil Rights Act of 1866 was not intended to reach places of public accommodations...

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