Robert Harris and Pilar Harris, His Wife v. Paul Ericson

McWilliams, circuit judge.

Robert Harris, on behalf of himself and his wife, brought a civil rights action under the public accommodation provisions of 42 U.S.C. § 2000a against one Paul Ericson, the owner and operator of a combination gas station and trading post in San Fidel, New Mexico, alleging that Ericson had refused them service and had ordered them to leave the trading post because Robert Harris was black. In the complaint, Harris also alleged that Ericson was the appointed postmaster for San Fidel and that he had also denied them the use of the post office. By stipulation of the…