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BURTON v. WILMINGTON PKG. AUTH.

No. 164.

365 U.S. 715 (1961)

81 S.Ct. 856

6 L.Ed.2d 45

BURTON v. WILMINGTON PARKING AUTHORITY ET AL.

Supreme Court of United States.

Decided April 17, 1961.

Attorney(s) appearing for the Case

Louis L. Redding argued the cause and filed a brief for appellant.

Clair John Killoran argued the cause and filed a brief for the Wilmington Parking Authority, appellee.

Thomas Herlihy, Jr. argued the cause and filed a brief for Eagle Coffee Shoppe, Inc., appellee.

Solicitor General Cox argued the cause for the United States, as amicus curiae, urging reversal. On the memorandum were former Solicitor General Rankin and Assistant Attorney General Tyler.

MR. JUSTICE CLARK delivered the opinion of the Court.

In this action for declaratory and injunctive relief it is admitted that the Eagle Coffee Shoppe, Inc., a restaurant located within an off-street automobile parking building in Wilmington, Delaware, has refused to serve appellant food or drink solely because he is a Negro. The parking building is owned and operated by the Wilmington Parking Authority, an agency of the State of Delaware, and the restaurant is the...

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