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WHITE v. FLEMING

No. 74-1592.

522 F.2d 730 (1975)

Dorothy Ann WHITE, Plaintiff-Appellee, v. John FLEMING, City Attorney for the City of Milwaukee, Wisconsin, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 24, 1975.

Attorney(s) appearing for the Case

Joseph H. McGinn, Asst. City Atty., Milwaukee, Wis., for defendant-appellant.

Joseph P. Balistrieri, Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT and TONE, Circuit Judges, and PERRY, Senior District Judge.

TONE, Circuit Judge.

Before us in this appeal is the constitutionality of a Milwaukee ordinance which prohibits female employees of "Class B" taverns from sitting with male patrons or from sitting or standing at or behind the bar. The District Court held the ordinance unconstitutional. We affirm the judgment.

In her complaint plaintiff alleges that she is by occupation an entertainer and that she was "charged with...

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