This section contains the nature of the case and procedural background.

Fisher (P), a Negro and a mathematician employed by NASA, was attending a conference on telemetry at the Carrousel Motor Hotel (D). P was standing in a lunch line, and an employee of D came up to P and snatched his plate from his hands and shouted that 'A negro could not be served in the club.' P was not touched nor was P physically injured. P was embarrassed by the incident in the presence of his associates. The incident was highly offensive to P. P sued for damages for a battery. P was awarded a verdict by the jury, but it was set aside in a judgment notwithstanding the verdict. P appealed.

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