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SCOTT v. EVERSOLE MORTUARY

No. 73-2765.

522 F.2d 1110 (1975)

George D. SCOTT et al., Plaintiffs-Appellants, v. EVERSOLE MORTUARY, a partnership, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 8, 1975.

Attorney(s) appearing for the Case

James F. King, Jr. (argued), Ukiah, Cal., for plaintiffs-appellants.

Stephen C. Tausz (argued), San Francisco, Cal., for defendants-appellees.

Before ELY and WALLACE, Circuit Judges, and JAMESON, District Judge.

OPINION

WALLACE, Circuit Judge:

This action concerns the alleged refusal of a private mortuary in Mendocino County, California, to provide funeral services to persons of American Indian descent. Because Mendocino County does not have its own facilities, it had contracted with Eversole Mortuary and one other mortuary for morgue services. As called upon to do so, Eversole Mortuary was to transport corpses to the mortuary, embalm them, prepare them for autopsy...

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