Anne P. Newman, Sharon W. Neal and John Mungin v. Piggie Park Enterprises, Inc., a Corporation and L. Maurice Bessinger

CRAVEN, Circuit Judge:

This is a class action brought to obtain injunctive relief and the award of counsel fees under Title II of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000a to a-6. Plaintiffs appeal from the decision of the district court holding that Negro citizens may be barred on account of their race and color from buying and eating barbecue at certain drive-in restaurants in South Carolina. We disagree and reverse.*

The facts as found by the district court are not in dispute. Briefly stated,1 Piggie Park Enterprises, Inc. (L. Maurice Bessinger is the principal stockholder and…