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CAROLINA AMUSEMENT CO. v. MARTIN

17678

236 S.C. 558 (1960)

115 S.E.2d 273

CAROLINA AMUSEMENT CO., Drive-In Theatres of S.C. Inc., Greenville Enterprises, Inc., Spartanburg Theatres, Inc., Claude Rumley, H.P. McManus and Mrs. B.C. Williams, partners doing business as the Greer Drive-In Theater, Augusta Road Drive-In Theater Corp., Textile Amusement Co., Inc., Paris Theatre Co., Inc., Star Theatres, Inc., J. Mason Alexander, Wake Meyers, R.M. Caine, Calvin S. Teague and William H. Beattie, Individually for themselves and for other patrons of motion picture theatres similarly situated, Appellants, v. J.R. MARTIN, as Sheriff of Greenville County, S.C. B.B. Brockman, as Sheriff of Spartanburg County, S.C. and Daniel R. McLeod, as Attorney General of the State of South Carolina, Respondents.

Supreme Court of South Carolina.

July 7, 1960.

Attorney(s) appearing for the Case

Messrs. Sam R. Watt and Chester D. Ward, Jr., of Spartanburg, and Leatherwood, Walker, Todd & Mann, of Greenville, for Appellants.

Daniel R. McLeod, Esq., Attorney General, of Columbia, for Respondents.

July 7, 1960.

STUKES, Chief Justice.

This is an action for declaratory judgment (1) that Section 64-1 of the Code of Laws of South Carolina of 1952 is inapplicable to the orderly showing of motion pictures by theatres on Sunday, or (2) that the statute is invalid because in conflict with the First and Fourteenth Amendments to the Constitution of the United States and article 1, secs. 4 and 5 of the Constitution of...

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