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TREASURE CITY OF FAYETTEVILLE, INC. v. CLARK

No. 599.

134 S.E.2d 97 (1964)

261 N.C. 130

TREASURE CITY OF FAYETTEVILLE, INC., a corporation, on behalf of itself and such other persons, firms and corporations as are similarly affected by North Carolina General Statute 14-346.2, v. W. G. CLARK, Sheriff of Cumberland County.

Supreme Court of North Carolina.

January 17, 1964.

Attorney(s) appearing for the Case

McDougle, Ervin, Horack & Snepp, Charlotte, for plaintiff appellant.

Clark & Clark, Heman R. Clark, and Lester G. Carter, Jr., Fayetteville, for defendant appellee.

Smith, Leach, Anderson & Dorsett, Raleigh, for North Carolina Merchants Assn., amicus curiae.

Warren C. Stack, Charlotte, for Clark's Charlotte, Inc., amicus curiae.

BOBBITT, Justice.

In G. I. Surplus Store, Inc. v. Hunter, 257 N.C. 206, 125 S.E.2d 764, this Court on May 23, 1962, held void the 1961 Act (S.L. 1961, Chapter 1156) codified as G.S. § 14-346.2 (1961 Supplement), on the ground it was "unconstitutionally vague, uncertain and indefinite." The 1963 Act now challenged by plaintiff as unconstitutional is entitled "AN ACT TO REWRITE G.S. 14-346.2 TO...

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