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ATKINS v. CITY OF CHARLOTTE

Civ. No. 2274.

296 F.Supp. 1068 (1969)

Jesse E. ATKINS, T. W. Arant, J. B. Atkins, John Auten, C. R. Bacot, Lewis Bacot, et al., Plaintiffs, and International Association of Fire Fighters, an International Labor Union, Plaintiff-Intervenor, v. CITY OF CHARLOTTE, a municipal corporation; Walter J. Black, Chief of City of Charlotte Fire Department; John E. Ingersoll, Chief of City of Charlotte Police Department; Elliott M. Schwartz, Solicitor of 14-A Solicitorial District, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

February 25, 1969.

Attorney(s) appearing for the Case

J. LeVonne Charbers, Chambers, Stein, Ferguson & Lanning, and Reginald S. Hamel, Charlotte, N. C., for plaintiffs.

H. L. Riddle, Jr., Riddle & McMurray, Morganton, N. C., for plaintiff-intervenor.

W. A. Watts, Charlotte, N. C., for defendants.

William W. Van Alstyne, Durham, N. C., amicus curiae.

Before CRAVEN, Circuit Judge, and JONES and WARLICK, District Judges.

CRAVEN, Circuit Judge:

This is a civil action brought to obtain a declaratory judgment and injunctive relief declaring unconstitutional and preventing enforcement of Sections 95-97, 95-98 and 95-99 of the General Statutes of North Carolina. We hold G.S. 95-97 unconstitutional on its face. We hold G.S. § 95-98 a valid and constitutional exercise of the legislative authority of the General Assembly of North Carolina. As for G.S. § 95-99, we hold it to be so...

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