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WHITNEY STORES, INC. v. CLARK

No. 13.

177 S.E.2d 418 (1970)

277 N.C. 322

WHITNEY STORES, INC., t/a Treasure City and Gaylord of Fayetteville, Inc., t/a Gaylords, on behalf of themselves and such other persons, firms and corporations as are similarly affected by "An Ordinance Concerning the Observance of Sunday as a Uniform Day of Rest in Cumberland County" v. W. G. CLARK, Sheriff of Cumberland County, H. E. Ray, Chairman, and J. McN. Gillis, M. M. Beard, Luther Packer and E. J. Edge, Jr., Commissioners for Cumberland County, North Carolina.

Supreme Court of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Ervin, Horack & McCartha, by C. Eugene McCartha, Charlotte, for plaintiff appellants.

Clark, Clark & Shaw, by Heman R. Clark; and McCoy, Weaver, Wiggins, Cleveland & Raper, by L. Stacy Weaver, Jr., Fayetteville, for defendant appellees.

BOBBITT, Chief Justice.

Affidavits offered by plaintiffs and received in evidence without objection contain factual statements to the effect the enforcement of the Ordinance will subject plaintiffs to irreparable injury and financial loss. In recognition of well-established legal principles, Kresge Co. v. Tomlinson, 275 N.C. 1, 8, 165 S.E.2d 236, 240, and cases cited, defendants do not contest plaintiffs...

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