Theodore Cuevas v. Tom Sdrales, Dba the Seventy-Three Inn, Salt Lake City Corporation, and Police Officer Rex Lefevre

PICKETT, Circuit Judge.

Theodore Cuevas brought this action, seeking to avail himself and others similarly situated, of the injunctive relief provided for in Title II of the Civil Rights Act of 1964. 78 Stat. 241, 42 U.S. C. § 2000a et seq. He alleges that the defendant Tom Sdrales was the owner of a tavern in Salt Lake City, Utah, dispensing food to be consumed on the premises, which affected interstate commerce, and refused to serve him because he was a negro. Cueves refused to leave the premises and was arrested by a city policeman and taken to jail. The second count of the complaint asked…