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CANALE v. STEVESON

458 S.W.2d 797 (1970)

Phil M. CANALE, Jr., District Attorney General of Shelby County and Robert M. Gray, County Court Clerk of Shelby County, Appellants, v. Ruby STEVESON, Appellee.

Supreme Court of Tennessee.

October 5, 1970.

Attorney(s) appearing for the Case

Eugene C. Gaerig and Thomas F. Graves, Asst. Dist. Atty. Gen., for Phil M. Canale, Jr.

James C. Beasley, County Atty., for Robert M. Gray.

Henry H. Hancock and Ronald Lee Gilman, Memphis, for appellee.

OPINION

JENKINS, Special Justice.

This is a declaratory judgment action brought by complainant to have T.C.A. Sec. 39-1946 declared unconstitutional and void.

T.C.A. Sec. 39-1946 provides:

"It shall be unlawful for any person or persons to practice for a consideration fortune telling * * * and similar pursuits in the counties of this state whose population exceeds four hundred thousand (400,000) persons according to the federal census of...

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