Jones v. Sciacia, 19721.

• Decision Date: 30 March 1970
• Docket Number: No. 19721.,19721.
• Citation: Jones v. Sciacia, 422 F.2d 393 (8th Cir. 1970)
• Parties: Joseph JONES, Jr., and Beverly Jones, by Their Next Friend, Joseph Jones, Appellants, v. Phillip SCIACIA and Frances Sciacia, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

422 F.2d 393 (1970)

Joseph JONES, Jr., and Beverly Jones, by Their Next Friend, Joseph Jones, Appellants, v.Phillip SCIACIA and Frances Sciacia, Appellees.

No. 19721.

United States Court of Appeals, Eighth Circuit.

March 9, 1970.

Rehearing Denied March 30, 1970.

Samuel H. Liberman, of Kramer, Chused & Kramer, St. Louis, Mo., for appellants.

Stephen H. Gilmore, St. Louis, Mo., for appellees; James T. O'Brien, St. Louis, Mo., on the brief.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.

PER CURIAM.

This is an appeal by plaintiff Jones, a Negro, from final order entered after trial to the court on the merits dismissing plaintiff's petition seeking injunctive relief and compensatory and punitive damages for alleged discriminatory refusal to rent an apartment owned by defendants to plaintiffs, in violation of 42 U.S.C.A. § 1982.

The crucial issue, as stated by the trial court, is: "Was the refusal of the defendants to rent to the Joneses racially motivated, that is, did the defendants so act as to deny the Joneses the same rights as enjoyed by white citizens in the rental of this property?"

Chief Judge Harper, who tried this case without a jury, in a well-considered memorandum opinion reported at 297 F.Supp. 165, properly states the applicable...