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PHARR v. GARIBALDI

No. 449.

115 S.E.2d 18 (1960)

252 N.C. 803

Arthur L. PHARR v. Linn D. GARIBALDI, Chairman, and Edgar Gurganus, James M. Parrott, Jr., Dr. Harley Shands, Dr. M. B. Davis, W. W. Shope, Mrs. J. Melville Broughton, Members of the North Carolina State Prison Commission, and William F. Bailey, Director of Prisons.

Supreme Court of North Carolina.

June 30, 1960.

Attorney(s) appearing for the Case

Jordan, Dawkins & Toms, Raleigh, for plaintiff, appellee.

T. W. Bruton, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Giles R. Clark, Raleigh, and Carl C. Churchill, Members of Staff, for defendants, appellants.

BOBBITT, Justice.

Analysis of the complaint discloses:

1. The action is solely for injunctive relief, specifically to require defendants, in their official capacities, to discontinue operation of Camp Polk Prison on the site where it has been and is now maintained.

2. Plaintiff's property is on Lake Boone Trail, within one mile of the corporate limits of Raleigh and "in close proximity" to Camp Polk Prison. A part of Camp Polk Prison is also located...

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