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S. S. KRESGE COMPANY v. DAVIS

No. 7018SC241.

174 S.E.2d 629 (1970)

S. S. KRESGE COMPANY, Sky City Stores, Inc., and Zayre of High Point, Inc. v. Robert D. DAVIS, Mayor of the City of High Point, et al.

Court of Appeals of North Carolina.

June 24, 1970.

Attorney(s) appearing for the Case

Gardner & Wilson by Rossie G. Gardner, High Point, for plaintiff appellants.

Knox Walker, High Point, for defendant appellee City of High Point.

Morgan, Byerly, Post & Keziah by J. V. Morgan, High Point, and Smith & Patterson by Norman B. Smith, Greensboro, for defendant appellees.

MALLARD, Chief Judge.

The ordinance of the City of High Point involved in this proceeding is substantially similar to the ordinance of the City of Raleigh which was upheld in the case of Kresge Co. v. Tomlinson and Arlan's Dept. Store v. Tomlinson, 275 N.C. 1, 165 S.E.2d 236 (1969).

In Kresge v. Tomlinson, supra, Justice Bobbitt (now Chief Justice) noted that the Charlotte ordinance...

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