- Collection:
- Civil Case Files, 1938-1995, Records of the District Courts of the United States
- Title:
- Ollie McClung vs. Robert Kennedy, Attorney General
- Creator:
- United States. District Court (Alabama : Northern District : Birmingham Division)
- Date of Original:
- 1964
- Subject:
- Discrimination in restaurants
Segregation - Location:
- United States, Alabama, Jefferson County, Birmingham, 33.52066, -86.80249
- Medium:
- civil court records
testimonies - Type:
- Text
- Description:
- This document consists of the proceedings from the case, which was heard by a three judge panel: Judges Walter P. Gewin (5th Circuit Court of Appeals), Seybourn H. Lynne and H. Hobart Grooms (Northern District of Alabama). The case concerns African-Americans requesting service in a restaurant location other than the "colored take-out counter."
- Local Identifier:
- National Archives Identifier: 279200
- Metadata URL:
- https://catalog.archives.gov/id/279200
- Language:
- eng
- Original Collection:
- Records of the District Courts of the United States, 1685-2009, Civil Case Files, Ollie McClung vs Robert Kennedy, Attorny General of the United States, et. al., Civil 64-448, 1964 - 1964, National Archives at Atlanta.
- Contributing Institution:
- United States. National Archives and Records Administration. Atlanta Branch
- Rights:
-
Federal Court Reporting Company
409 Federal Building
Birmingham, Alabama 1
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF ALABAMA, SOUTHERN DIVISION
OLLIE MC CLUNG, SR., and )
OLLIE MC CLUNG, JR., )
Plaintiffs,
vs.
ROBERT F. KENNEDY, AS CIVIL ACTION
ATTORNEY GENERAL OF THE NO. 64-448-S
UNITED STATES OF AMERICA;
MACON L. WEAVER, AS UNITED [stamp] FILED IN CLERK'S OFFICE
STATES ATTORNEY FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHERN DISTRICT OF ALABAMA;
JOHN DOE AND RUTH ROE, Whose SEP 17 1964
Names Are Otherwise Unknown, [ SIGNATURE]
but Will be Added by amendment WILLIAM E. DAVIS
When Ascertained, CLERK, U. S. DISTRICT COURT
[ SIGNATURE]
Defendants. Deputy Clerk
Birmingham, Alabama
September 1, 1964
BEFORE:
HONORABLE WALTER P. GEWIN
HONORABLE SEYBOURN H. LYNNE
HONORABLE H. HOBART GROOMS
APPEARANCES:
MESSRS. ROBERT MC DAVID SMITH and WILLIAM C. SOMERVILLE, JR., of the firm of Lange, Simpson, Robinson & Somerville, Exchange-Security Bank Building, Birmingham, Alabama, and MR. JAMES H. FAULKNER, of the firm of Bowers, Dixon, Dunn & McDowell, Frank Nelson Building, Birmingham, Alabama, for the plaintiffs.
Federal Court Reporting Company
409 Federal Building
Birmingham, Alabama 60
DIRECT EXAMINATION
Q (BY MR. SMITH:) Is this Mr. Ollie McClung, Jr.?
A That is correct.
Q You live in Birmingham?
A That is correct.
Q This restaurant that you and your father operate as a partnership, that is in Birmingham?
A Yes, sir.
Q Do you recall the occasion sometime about July 3, 1964, when you were at the restaurant and some colored people came into the restaurant for service?
A Yes, sir, I do.
Q Will you tell the Court about that, please?
A This is during our evening meal, the supper hour, I don't remember the exact time but approximately 6:30 we were relatively busy and too young colored people came in, approximately tolerates, a girl and a boy. I retract that. A boy came in by himself first. He came up to the counter and told the girl waiting on the counter that night, she asked him what he would like and he would not give her his order but want to speak with the manager, and I was there at the time and she called me over. He asked me would I serve him
Federal Court Reporting Company
409 Federal Building
Birmingham, Alabama 61
and I said if he would step around to the side where the color takeout counter was the girl would take his order. He seemed actually not to be interested in being served because he never even sat down he tapped on the counter and asked that he be served here, right at the counter, sit down and eat, and I said, no, that was not our policy and he left.
Approximately forty-five minutes later he came back this time with the young girl that I mentioned for other colored people, older. They again — they didn't ask anything but rather came in and sat at the counter. Even though it was rather obvious he was aware that the policy was, they came in and sat at the counter and one white young person was sitting at the counter a boy, and he got up and left the minute they sat down and I went over to them, the girl and the boy were obviously part of the professional or paid Civil Rights agitators -
Q You can't tell about that. Anything you saw or heard.
A They had a card and they wanted to know why we did not serve them and this sort of thing, and they fill out the card and wanted to know my name and
Federal Court Reporting Company
409 Federal Building
Birmingham, Alabama 62
address of the place.
Q They were taking notes with pen and pencil?
A Yes, sir, that is correct. And after a couple of minutes I told him that I was very sorry that they would have to leave, that it was in our policy to serve them there and they got up and left.
Q And there was no threatening on either side?
A That is correct, they got up and left.
Q What has been the behavior and demeanor of your employees since July 2nd? Has it been good or bad or indifferent?
A For the most part I can tell it is greatly changed or different.
Q Has there been any change since this suit was filed?
A Not that I can tell, no, sir.
Q What number of your thirty-six employees are colored people?
A About twenty-five or twenty-six are colored.
Q Have you noticed any change in them at all as a result of this case?
A No, I haven't.
MR. SMITH: I believe that's all.
