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U.S. Supreme Court

Bob-Lo Excursion Co. v. Michigan, 333 U.S. 28 (1948)

Bob-Lo Excursion Co. v. Michigan

No. 374

Argued December 16-17, 1947

Decided February 2, 1948

333 U.S. 28


1. Appellant, a Michigan corporation engaged chiefly in the round-trip transportation of passengers from Detroit to Bois Blanc Island, Canada, was convicted in a criminal prosecution under the Michigan Civil Rights Act for refusing passage to a Negro solely because of color.

Held: in view of the special local interest attaching to appellant's business in the particular circumstances of this case, such application of the state Act to the appellant, although engaged in foreign commerce, did not contravene the Commerce Clause of the Federal Constitution. Pp. 333 U. S. 29-40.

2. A decision of the highest court of the State that, as a matter of local law, the state statute was applicable to appellant's business is binding here upon review. P. 333 U. S. 33.

3. Appellant's transportation of passengers between Detroit, Michigan, and Bois Blanc Island, Canada, is foreign commerce within the scope of Art. I, § 8 of the Federal Constitution. P. 333 U. S. 34.

4. Hall v. DeCuir, 95 U. S. 485, and Morgan v. Virginia, 328 U. S. 373, distinguished. Pp. 333 U. S. 39-40.

317 Mich. 686, 27 N.W.2d 139, affirmed.

Appellant's conviction in a criminal prosecution for violation of the Michigan Civil Rights Act was affirmed by the Supreme Court of the State. 317 Mich. 686, 27 N.W.2d 139. Upon appeal to this Court, affirmed, p. 333 U. S. 40.

Page 333 U. S. 29

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