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SHINALL v. WORRELL

Civ. No. 916.

319 F.Supp. 485 (1970)

Charles W. SHINALL and Dennis L. Bryant, individually and d/b/a Fayetteville Adult Book Store, Plaintiffs, v. L. F. WORRELL, Chief of Police of the City of Fayetteville, Doran J. Berry, District Solicitor of the Superior Court, Charles G. Rose, III, Chief Prosecutor of the District Court, and Joseph Dupree, District Court Judge, Defendants.

United States District Court, E. D. North Carolina, Fayetteville Division.

Submitted September 15, 1970.

Decided December 18, 1970.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C., and Sneed High, Fayetteville, N. C., for plaintiffs.

Robert Morgan, N. C. Atty. Gen., Burley B. Mitchell, Jr., Raleigh, N. C., Staff Atty., for defendants Dupree, Rose and Berry.

Bobby G. Deaver, Fayetteville, N. C., for defendant Worrell.

Before CRAVEN, Circuit Judge, and BUTLER and LARKINS, District Judges.

CRAVEN, Circuit Judge:

This is a suit against the state in the Ex parte Young1 tradition to have a North Carolina Statute of statewide application declared unconstitutional. In addition, plaintiffs seek monetary damages from Cumberland County District Judge Dupree on the theory that he acted in bad faith and ultra vires his judicial office in purported enforcement of the Statute in question...

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