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

Ps instituted this class action under Title II of the Civil Rights Act of 1964 to enjoin racial discrimination at five drive-in restaurants and a sandwich shop owned and operated by D. The District Court found, on undisputed evidence, that Negroes had been discriminated against at all six of the restaurants. It then concluded that Title II does not cover drive-in restaurants of the sort involved in this case. It enjoined racial discrimination only at the sandwich shop. The Court of Appeals reversed. It also found that counsel fees could be awarded at the court's discretion. In remanding the case, the Court of Appeals instructed the District Court to award counsel fees only to the extent that Ds' defenses had been advanced 'for purposes of delay and not in good faith.' The Supreme Court granted certiorari to decide whether this subjective standard properly effectuates the purposes of the counsel-fee provision of Title II of the Civil Rights Act of 1964.

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