Supreme Court of United States.https://leagle.com/images/logo.png
Argued February 28, 1972.
Decided June 12, 1972.
Attorney(s) appearing for the Case
Frederick Bernays Wiener argued the cause for appellant. With him on the briefs were Clarence J. Ruddy, Robert E. Woodside, and Thomas D. Caldwell, Jr.
Harry J. Rubin argued the cause for appellees and filed briefs for appellee Irvis. J. Shane Creamer, Attorney General of Pennsylvania, and Peter W. Brown and Salvatore J. Cucinotta, Deputy Attorneys General, filed a brief for appellees Scott et al.
Robert A. Yothers filed a brief for the Benevolent and Protective Order of Elks of the United States as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed by John T. Rigby for the Lawyers' Committee for Civil Rights Under Law, and by Samuel Rabinove, Paul S. Berger, Joseph B. Robison, Arnold Forster, Paul Hartman, and Joseph Z. Fleming for the American Jewish Committee et al.
William H. Botzer and Jack P. Janetatos filed a brief for the Washington State Federation of Fraternal, Patriotic, City and Country Clubs as amicus curiae.
Supreme Court of United States.
MR. JUSTICE REHNQUIST delivered the opinion of the Court.
Appellee Irvis, a Negro (hereafter appellee), was refused service by appellant Moose Lodge, a local branch of the national fraternal organization located in Harrisburg, Pennsylvania. Appellee then brought this action under 42 U. S. C. § 1983 for injunctive relief in the United States District Court for the Middle District of Pennsylvania. He claimed that because...
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