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TEXFI INDUSTRIES v. CITY OF FAYETTEVILLE

No. 126.

269 S.E.2d 142 (1980)

301 N.C. 1

TEXFI INDUSTRIES, INC., a corporation, v. The CITY OF FAYETTEVILLE, a Municipal Corporation, Beth Finch, Mayor, J. L. Dawkins, Wayne Williams, Mildred Evans, Bill Hurley, George Markham, Marion George, Members of the City Council of the City of Fayetteville, and A. D. Johnson, Acting Tax Collector for the City of Fayetteville.

Supreme Court of North Carolina.

August 15, 1980.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland and Raper by L. Stacy Weaver, Jr., and Reginald M. Barton, Jr., Fayetteville, for plaintiff-appellant.

Robert C. Cogswell, Jr., City Atty., Fayetteville, for defendants-appellees.

BRITT, Justice.

The question of plaintiff's standing to sue is not before us inasmuch as we denied defendants' petition for discretionary review of the holding of the Court of Appeals that plaintiff had such standing. We now agree with the Court of Appeals with respect to its holding on the questions of due process and equal protection of the law; therefore, we affirm the decision of the Court of Appeals.

The issue of standing having been resolved in plaintiff...

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