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FISHER v. SHAMBURG

No. 78-1711.

624 F.2d 156 (1980)

Chester A. FISHER, Plaintiff-Appellant, v. Lenus SHAMBURG, Bill Howell, and Charles W. Howell, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 24, 1980.

Rehearing Denied July 22, 1980.

Attorney(s) appearing for the Case

Charles S. Scott of Scott, Scott, Scott & Scott, Topeka, Kan., for plaintiff-appellant.

Justice B. King of Fisher, Patterson, Sayler & Smith, Topeka, Kan., for defendants-appellees.

Before SETH, Chief Judge, and McKAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

The incident giving rise to this litigation took place in the parking lot of a roadside restaurant in Kansas at about 11:30 p. m., December 16, 1975. As plaintiff-appellant Chester A. Fisher, a black man, was entering the front door of the Crossroads Cafe, defendants Lenus Shamburg, Charles Howell and his son Bill, all white men, were leaving. In passing, Shamburg uttered a racial slur directed at Fisher. Although Fisher did not understand...

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