“ In light of the perfected appeal to the Sixth Circuit Court of Appeals, it is appropriate that we treat, and we do treat, appellant's jurisdictional statement as a petition for writ of certicrari prior to judgment in the Court of Appeals. ”

“ That statute 'abrogates' Tennessee's common-law cause of action for exclusion from hotels or other public places, and declares that the operators of such establishments are free to exclude persons 'for any reason whatever.'
When the appellant moved for summary judgment before a single district judge, the appellees opposed the motion on the ground that the relief sought necessarily challenged the constitutionality of the state statutes and regulation so that under 28 U.S.C. §§ 2281, 2284, 28 U.S.C.A. §§ 2281, 2284, a three-judge court was required. ”