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STEARNES v. BAUR'S OPERA HOUSE, INC.

No. 92-2196.

3 F.3d 1142 (1993)

Mark W. STEARNES, Plaintiff-Appellant, v. BAUR'S OPERA HOUSE, INCORPORATED, doing business as Baur's Opera House, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1993.

Rehearing and Suggestion for Rehearing Denied November 15, 1993.

Attorney(s) appearing for the Case

Robert G. Heckenkamp, Duane D. Young, Steven C. Ward, argued, Heckenkamp, Simhauser & Labarre, Springfield, IL, for plaintiff-appellant.

Bradley Scott McMillan, argued, Heyl, Royster, Voelker & Allen, Peoria, IL, Michael B. Metnick, Metnick, Barewin, Wise & Cherry, Springfield, IL, Karen L. Kendall, Gary S. Schwab, Heyl, Royster, Voelker & Allen, Springfield, IL, for defendant-appellee.

Before BAUER, Chief Judge, RIPPLE, and KANNE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 15, 1993.

BAUER, Chief Judge.

Does the Civil Rights Act of 1964, 42 U.S.C. § 2000a, guarantee a particular type or, better yet, "color" of music? Mark Stearnes asks us to answer this question. Specifically, Stearnes sued Baur's Opera House for alleged violations of his federal civil rights and Illinois law. Stearnes claims that Baur's engaged in a pattern or practice of racial discrimination...

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