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S. S. KRESGE COMPANY v. TOMLINSON

No. 524.

165 S.E.2d 236 (1969)

275 N.C. 1

S. S. KRESGE COMPANY v. Travis H. TOMLINSON, Mayor of the City of Raleigh, North Carolina, and George B. Cherry, Earl H. Hostetler, Seby B. Jones, William M. Law, Clarence E. Lightner, William H. Worth, Members of the City Council for the City of Raleigh, North Carolina, and Thomas W. Davis, Chief of Police of the City of Raleigh, North Carolina. ARLAN'S DEPT. STORE OF RALEIGH, INC. v. Travis H. TOMLINSON, Mayor of the City of Raleigh, North Carolina, and George B. Cherry, Earl H. Hostetler, Seby B. Jones, William M. Law, Clarence E. Lightner, William H. Worth, Members of the City Council for the City of Raleigh, North Carolina, and Thomas W. Davis, Chief of Police of the City of Raleigh, North Carolina.

Supreme Court of North Carolina.

January 21, 1969.

Attorney(s) appearing for the Case

Jordan, Morris & Hoke and Eugene Hafer, Raleigh, for plaintiff appellants.

Donald L. Smith, Raleigh, for defendant appellees.

BOBBITT, Justice.

Plaintiffs alleged the ordinance prohibits the sale of the great majority of the items of merchandise they would otherwise sell during the period they operate their stores on Sunday, namely, from 1:00 p. m. through 7:00 p. m. Their factual allegations, which are admitted for the purpose of testing the sufficiency of the complaints, are deemed sufficient to support their conclusion that enforcement of the ordinance would cause them to suffer "substantial...

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