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JOHNSON v. HUGO'S SKATEWAY

Nos. 90-2499, 90-2509.

949 F.2d 1338 (1991)

James H. JOHNSON, a/k/a James H. Ferebee; Commonwealth of Virginia, Plaintiffs-Appellees, v. HUGO'S SKATEWAY; Lois Leasing Firm, Incorporated, Defendants-Appellants. James H. JOHNSON, a/k/a James H. Ferebee, Plaintiff-Appellant, and Commonwealth of Virginia, Plaintiff, v. HUGO'S SKATEWAY; Lois Leasing Firm, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1991.

As Amended December 9, 1991.

Attorney(s) appearing for the Case

Earle Duncan Getchell, Jr., McGuire, Woods, Battle & Boothe, Richmond, Va., argued (Cynthia E. Hudson, on brief), for defendants-appellants.

Douglas Bruce McFadden, McFadden, Evans & Sill, Washington, D.C., argued (James A. Kline, IV, Jerusa Carl Wilson, Jr., on brief), for plaintiff-appellee Johnson.

William Mark Dunn, Asst. Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen. of Virginia, on brief), for plaintiff-appellee Com. of Va.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

Appellee James H. Johnson also known as James H. Ferebee (Johnson), a 30 year-old black male, joined four friends for an evening of roller skating at appellant Hugo's Skateway (Hugo's) in Warrenton, Virginia. Johnson was the only black patron in the rink that evening. Johnson is a fairly accomplished skater whose exploits on the floor of Hugo's caught the attention of the skateway's management, particularly that of the owner...

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