The opinion
WATERMAN, Circuit Judge
(dissenting) :
I dissent and would remand for further proceedings below. See Achtenberg, Adickes et al. v. State of Mississippi, 393 F.2d 468 (5 Cir. 1968).
Miss Adickes was engaged in “protected activity”; Section 2046.5 of the Mississippi Code encouraged the defendant’s employees to make the invidious discrimination; and her arrest upon her immediate exit from the store on the unsupportable trumped-up charge of vagrancy was a flagrant misuse of the State’s criminal process in order to perpetuate by subterfuge Mississippi’s well-known practice of preventing Caucasians and Afro-Americans from grouping themselves together in company in places of public resort.
I reserve the right to file an enlarged opinion at a later date.