U.S. Court of Appeals for the Fourth Circuit, 1967

United States of America by Ramsey Clark, Acting Attorney General v. Roy Elder McKoy and Patricia McKoy D/B/A Belvoir Restaurant

U.S. Court of Appeals for the Fourth Circuit · Decided December 4, 1967 · Haynsworth, Winter, Craven

387 F.2d 144; 1967 U.S. App. LEXIS 4301 (Federal Reporter, Second Series)

Counsel

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.

Cases that cite this one

1 later published case cites this decision.

Johns Manville Corporation v. United States (United States Court of Federal Claims 2025)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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 consider the novel contentions made here, however interesting they might be academically, for, whether or not they were asserted in the Supreme Court, the definitive decisions of that court control the result here.

Affirmed.

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