WHITNEY STORES, INC. v. SUMMERFORD

Civ. A. No. 67-771.

280 F.Supp. 406 (1968)

WHITNEY STORES, INC., and Robert H. Johnson, Plaintiffs, v. T. Kenneth SUMMERFORD, Solicitor for the Twelfth Judicial Circuit of the State of South Carolina, E. A. McLeod, Sheriff of Florence County, and T. E. Rogers, Jr., Magistrate, Defendants, and Belk's Department Store of Camden, South Carolina, Inc., Collins Department Stores, Inc., and South Carolina Retail Council, Inc., Intervenor-Defendants.

United States District Court D. South Carolina, Florence Division.

Decided February 12, 1968.


Attorney(s) appearing for the Case

Eugene N. Zeigler, Florence, S. C., for plaintiffs.

Daniel R. McLeod, Atty. Gen., State of South Carolina, and Everett N. Brandon, Asst. Atty. Gen., State of South Carolina, Columbia, S. C., for defendants.

David M. McConnell, Charlotte, N. C., and David W. Robinson, II, Columbia, S. C., for intervenor-defendants.

Before HAYNSWORTH, Circuit Judge, and HEMPHILL and RUSSELL, District Judges.


HEMPHILL, District Judge.

Plaintiffs,1 insisting that Sections 64-2 through 64-2.52 of the South Carolina Code of Laws, as amended, are unconstitutional, ask a declaratory judgment of such in this court. They further seek judgment that a pattern of discriminatory enforcement exists, and position that the unconstitutional application and enforcement invite and deserve injunctive relief. As to plaintiffs' contentions...

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