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DRIVE IN THEATRES, INC. v. HUSKEY

No. 14120.

435 F.2d 228 (1970)

DRIVE IN THEATRES, INC., t/a Midway Drive In Theatre, Appellee, v. Damon HUSKEY, Sheriff of Rutherford County, North Carolina, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 23, 1970.

Attorney(s) appearing for the Case

J. Nat Hamrick, Rutherfordton, N.C. (Hamrick & Hamrick, Rutherfordton, N.C., on the brief), for appellant.

Norman B. Smith, Greensboro, N.C. (Smith & Patterson, Greensboro, N.C., George Daly, Jr., and Casey & Daly, Charlotte, N.C., Adam Stein, and Chambers, Stein, Ferguson & Lanning, Charlotte, N.C., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

In the summer of 1969 Damon Huskey, a dedicated law enforcement officer and high sheriff of Rutherford County, North Carolina, became gravely concerned about the kind of motion pictures being shown at the various theaters, indoor and outdoor, within the county. Becoming convinced that most of the movies exhibited were detrimental to the good morals of the people of Rutherford County, the sheriff undertook...

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