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Civil Procedure Keyed to Babcock
Adickes v. S.H. Kress & Co.
Citation:398 U.S. 144 (1970)
Plaintiff Adickes, a white school teacher, was refused service at Defendant Kress in Hattiesburg, Mississippi because she was accompanied by her Black students. After leaving the restaurant Plaintiff Adickes was arrested for vagrancy. Plaintiff Adickes sued Defendant Kress alleging a violation of her equal protection rights (1) when she was refused service because she was in the company of Black people and that there was a custom in the community of segregation in restaurants and (2) that the refusal of service and arrest were the result of a conspiracy between Defendant Kress and the Hattiesburg police. At trial the court found that Plaintiff Adickes did not prove her first point because she did not show that other white people were refused service because they were accompanied by Black people. Her second claim about conspiracy was dismissed on summary judgement before trial. The court of appeals affirmed both counts. Adickes appealed, and the United States Supreme Court granted certiorari.
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