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D & W, INC. v. CITY OF CHARLOTTE

No. 286.

152 S.E.2d 199 (1966)

268 N.C. 720

D & W, INC., t/a Merry Go-Go Round, on behalf of itself, and Diab, Inc., t/a Pecan Grove Supper Club, and such other citizens and plaintiffs of Mecklenburg County, North Carolina, affected by the Turlington Act and the Alcoholic Beverage Control Act of North Carolina v. The CITY OF CHARLOTTE, a Municipal Corporation, et al.

Supreme Court of North Carolina.

December 19, 1966.

Attorney(s) appearing for the Case

Plumides & Plumides, Jerry W. Whitley, Charlotte, for plaintiff appellees.

T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for defendant appellants.

John H. Small, Charlotte, amicus curiae.

PER CURIAM.

Judge Riddle's order decided a purely legal question and restrained defendants "until further order of the court," from conducting themselves except in accordance with the law as announced therein. It was, in its effect and scope, a final judgment granting for an indefinite period the only relief sought by plaintiffs, i. e., injunction. Our opinion, in addition to holding that the remedy of injunction was not...

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