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RALEIGH MOBILE HOME SALES, INC. v. TOMLINSON

No. 6910SC74.

172 S.E.2d 276 (1970)

7 N.C. App. 289

RALEIGH MOBILE HOME SALES, 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.

Court of Appeals of North Carolina.

February 25, 1970.

Attorney(s) appearing for the Case

Phillip C. Ransdell, Raleigh, for plaintiff appellant.

Donald L. Smith, Raleigh, for defendant appellees.

PARKER, Judge.

In S. S. Kresge Co. v. Tomlinson, 275 N.C. 1, 165 S.E.2d 236, our Supreme Court sustained the Raleigh Sunday Ordinance here in question against the attack that it was unconstitutional as violative of the First Amendment to the United States Constitution. Plaintiff appellant here attacks the ordinance as unconstitutional on the ground that, as enforced against it, the ordinance is discriminatory...

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