UNITED STATES v. DEYORIO

No. 72-2240. Summary Calendar.

473 F.2d 1041 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Pasquale DEYORIO d/b/a Hub Bar and Package Store, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 20, 1973.


Attorney(s) appearing for the Case

John L. Biggs, U. S. Atty., Jacksonville, Fla., Gerald W. Jones, Peter Mear, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Michael L. Kinney, St. Petersburg, Fla., for defendant-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


PER CURIAM:

Like United States v. DeRosier, 473 F.2d 749 (5th Cir., 1973), the question involved on this appeal is whether the Hub Bar and Package Store is a "place of entertainment" within the meaning of Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a et seq., by virtue of the business revenue derived from certain mechanical amusement devices located on its premises.

The district court relying on the district...

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