Powell v. Utz

DRIVER, Chief Judge.

Defendants, have moved to dismiss the complaint on the ground that it does not state a claim against them on which relief can be granted. The basis of this court’s jurisdiction, diversity of citizenship of the parties, is sufficiently stated in the complaint. The allegations which set forth plaintiffs’ claim to relief may be summarized briefly as follows:

Plaintiffs, husband and wife, are Negroes and citizens of the United States. On February 11, 1949 defendants were operating a restaurant which catered to the public, in Pasco, Washington. At about 1:30 P.M. on that day…