Complaint, Ella Fitzgerald et al v. Pan American,

December 23, 1954

9. The said refusal was willful and malicious and was motivated by prejudice against the plaintiffs Fitzgerald, Lewis and Henry because of their race and color, and the said conduct subjected plaintiffs to unjust dis-crimination and undue and unreasonable prejudice and dis-advantage, in violation of Section 404, Subdivision (b) of the Civil Aeronautics Act of 1938, 52 Stat. 993, USC Title 49, Section 484 (b).

10. The said conduct and the said unjust prejudice and discrimination were committed openly and in public be-fore other passengers on the said Flight No. 841 and other persons then located at the airfield at Honolulu, causing the plaintiffs to be personally humiliated and embarrassed and resulting in mental pain and suffering to them.

11. The plaintiffs Fitzgerald, Lewis and Henry were further subjected to humiliation and embarrassment, and their mental pain and suffering in the circumstances was aggravated by the refusal of the agents of the defend-ant to permit said plaintiffs to temporarily reboard the aircraft for the purpose of retrieving their personal articles and wearing apparel which had been left at their seats.

12. The said conduct of the defendant constituted a breach of its duty as a common carrier and an air carrier to the plaintiffs and a breach of the contracts for air transportation respectively held by the plaintiffs, causing the plaintiffs to be seriously damaged.

13. By reason of the said conduct of the defend-ant, plaintiffs were required to spend three days in Honolulu, Hawaii before other transportation to Australia could be

-3-

3