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HARRIS v. ERICSON

No. 71-1354.

457 F.2d 765 (1972)

Robert HARRIS and Pilar Harris, his wife, Plaintiffs-Appellants, v. Paul ERICSON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 30, 1972.

Attorney(s) appearing for the Case

Frederick J. McCarthy, Albuquerque, N. M., for plaintiffs-appellants.

Scott McCarty, Albuquerque, N. M., for defendant-appellee.

Before HILL, HOLLOWAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Robert Harris, on behalf of himself and his wife, brought a civil rights action under the public accommodation provisions of 42 U.S.C. § 2000a against one Paul Ericson, the owner and operator of a combination gas station and trading post in San Fidel, New Mexico, alleging that Ericson had refused them service and had ordered them to leave the trading post because Robert Harris was black. In the complaint, Harris also alleged that Ericson...

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