70 N.E.2d 458
No. 30856Supreme Court of Ohio.
Decided December 11, 1946.
Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Civil rights — Refusal to sell merchandise to colored person — Damages — Sections 12940 and 12941, General Code — Retail grocery store within purview of statute, when — Statute not violative of constitutional rights, when — Section 1, Article 1, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Walter Booth and Mr. G.J. Lavelle, for appellee.
Messrs. Brinsky Brinsky and Mr. Paul Mancino, for appellant.
It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.
Page 263
HON. CARL V. WEYGANDT, CHIEF JUSTICE. HON. EDWARD C. TURNER, } HON. EDWARD S. MATTHIAS, } HON. WILLIAM L. HART, } HON. CHARLES B. ZIMMERMAN, } JUDGES. HON. CHARLES S. BELL. } HON. ROBERT M. SOHNGEN, }