387 F.2d 144 (4th Cir. 1967), 11650, United States v. McKoy

Docket Nº:11650.
Citation:387 F.2d 144
Party Name:UNITED STATES of America by Ramsey Clark, Acting Attorney General, Appellee, v. Roy Elder McKOY and Patricia McKOY d/b/a Belvoir Restaurant, Appellants.
Case Date:December 04, 1967
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 144

387 F.2d 144 (4th Cir. 1967)

UNITED STATES of America by Ramsey Clark, Acting Attorney General, Appellee,

v.

Roy Elder McKOY and Patricia McKOY d/b/a Belvoir Restaurant, Appellants.

No. 11650.

United States Court of Appeals, Fourth Circuit.

December 4, 1967

Argued Nov. 7, 1967.

Frank M. McCann, Lynchburg, Va., for appellants.

Monica Gallagher, Attorney, Department of Justice (John Doar, Asst. Atty. Gen., Frank E. Schwelb and Alvin Hirshen, Attorneys, Department of Justice, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

The appellants, the operators of a restaurant, attack the constitutionality of Title II of the Civil Rights Act of 1964 under the First, Fifth, Sixth, Ninth, Tenth and Thirteenth Amendments to the Constitution of the United States. Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258 and Katzenbach v. McClung, 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290, they say, did not dispose of the grounds of attack advanced here.

Those decisions of the Supreme Court, generally upholding the constitutionality of the Act, are binding upon this subordinate court, however. We are not at liberty to...

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