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UNITED STATES SERVICEMEN'S FUND v. SHANDS

Misc. No. 759.

440 F.2d 44 (1971)

UNITED STATES SERVICEMEN'S FUND, Margaret Ann McNeill, G. E. Waterhouse, David L. Bunten, Karen D. Yeager, and James Brozo, Plaintiffs, v. J. F. SHANDS and Wilson Yarborough, Defendants.

United States Court of Appeals, Fourth Circuit.

March 11, 1971.

Attorney(s) appearing for the Case

George S. Daly, Jr., and Joseph H. Tieger, Charlotte, N. C., for plaintiffs.

Heman R. Clark, Fayetteville, N. C., for defendants.

MEMORANDUM OF DECISION AND ORDER

CRAVEN, Circuit Judge.

On February 6, 1971, the plaintiffs sought to rent the Cumberland County Memorial Auditorium to put on what was described to the manager (Shands) as a variety show. A booking sheet was prepared indicating that James Brozo and the United States Servicemen's Fund were the sponsors of the event, that there would be a show at 3 p. m. and 8 p. m. and a tentative rental of $350 or 10 percent of net ticket...

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