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action by the state, all action, whatever the facts and
circumstances of the case before it indicate as far as
its influence upon the denial to a citizen of the equal
protection of the law.
THE CHAIRMAN: Delegate Hostetter.
DELEGATE HOSTETTER: From this point on I will
use the term "state action". I believe we understand
that. Delegate Mitchell.
It is my understanding that there have been
cases involving state action which have gone over into
the private sector.
I would .like to ask you at this time what would
be meant by the term "private discrimination"?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: In the case of Shelley vs.
Kraemer, which was decided by the Supreme Court in 1948,
which involved racially restrictive covenants, the court
there interpreted state action to mean, as Justice Bradley
said in 1883, in the Civil Rights cases, judicial action
of the courts, and the Supreme Court said that while this
was a private agreement between a purchaser and a seller,