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MOOLENAAR v. ATLAS MOTOR INNS, INC.

No. 79-1498.

616 F.2d 87 (1980)

Dr. Lucien A. MOOLENAAR II, and Phyllis Wallace v. ATLAS MOTOR INNS, INC., d/b/a Frenchman's Reef Holiday Inn, and Robert E. Fudge, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 3, 1980.

Attorney(s) appearing for the Case

Jean-Robert Alfred (argued), Christiansted, St. Croix, V. I., for appellants; Douglas A. Brady, Christiansted, St. Croix, V. I., on brief.

James E. Dow, Jr. (argued), Pallme, Anduze, Mitchell & Dow, Charlotte Amalie, St. Thomas, V. I., for appellees.

Before GIBBONS, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Does a gentleman wearing open-toed dress sandals comply with the "elegantly casual" dress code of an exclusive nightclub in a Virgin Islands hotel? The management thought not and effected a citizen's arrest when the sandaled plaintiff refused to leave. A jury disagreed and awarded compensatory and punitive damages. We vacate the judgment and remand for a new trial because the trial judge declined to instruct the...

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