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MILLENSON v. NEW HOTEL MONTELEONE, INC.

No. 72-3131. Summary Calendar.

475 F.2d 736 (1973)

Debra MILLENSON, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. The NEW HOTEL MONTELEONE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Arthur Scheuermann, New Orleans, La., for plaintiff-appellant.

Arthur L. Ballin, Frank C. Dudenhefer, New Orleans, La., for defendant-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 9, 1973.

PER CURIAM:

On May 18, 1972, Ms. Debra Millenson filed the present action seeking declaratory and injunctive relief against the New Hotel Monteleone (hotel) to enjoin its operation of a restaurant, "The Men's Grill", and declaring its "males only" admission policy unconstitutional.1 On August 23, 1972, the district court denied Millenson's motion for summary judgment and granted...

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