United States by Ramsey Clark v. Roy Elder McKoy, 387 F.2d 144 (4th Cir. 1967). · Go Syfert
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United States by Ramsey Clark v. Roy Elder McKoy, 387 F.2d 144 (4th Cir. 1967). Cases Citing This Book View Copy Cite
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Strongest positive: Johns Manville Corp. v. United States, No. 24-402 (Fed. Cl. June 30, 2025)
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At page 145 cited at this page1 citing case
  • Johns Manville Corp. v. United States, No. 24-402 (Fed. Cl. June 30, 2025).published
    Kehaya v. United States, 174 Ct. Cl. 74, 78 (1966); see also EEOC v. Trabucco, 791 F.2d 1, 4 (1st Cir. 1986); United States v. McKoy, 387 F.2d 144, 145 (4th Cir. 1967); Hendricks Cnty.
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UNITED STATES of America by Ramsey Clark, Acting Attorney General, Appellee,
v.
Roy Elder McKOY and Patricia McKoy D/B/A Belvoir Restaurant, Appellants
11650.
Court of Appeals for the Fourth Circuit.
Dec 4, 1967.
Published opinion
387 F.2d 144
1967 U.S. App. LEXIS 4301
Frank M. McCann, Lynchburg, Va., for appellants., Monica Gallagher, Attorney, Department of Justice (John Doar, Asst. Atty. Gen., Frank E. Schwelb and Alvin Hirshen, Attorneys, Department of Justice, on brief), for appellee.
Haynsworth, Winter, Craven.
Cited by 1 opinion  |  Published
PER CURIAM:

The appellants, the operators of a restaurant, attack the constitutionality of Title II of the Civil Rights Act of 1964 under the First, Fifth, Sixth, Ninth, Tenth and Thirteenth Amendments to the Constitution of the United States. Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258 and Katzenbach v. McClung, 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290, they say, did not dispose of the grounds of attack advanced here.

Those decisions of the Supreme Court, generally upholding the constitutionality of the Act, are binding upon this subordinate court, however. We are not at liberty to consider the novel contentions made here, however interesting they might be academically, for, whether or not they were asserted in the Supreme Court, the definitive decisions of that court control the result here.

Affirmed.