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STATE v. ATLAS

No. 7212SC811.

193 S.E.2d 398 (1972)

17 N.C. App. 99

STATE of North Carolina v. Frank ATLAS et al.

Court of Appeals of North Carolina.

December 20, 1972.

Attorney(s) appearing for the Case

Atty., Gen. Robert Morgan by Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

C. Eugene McCartha, of Ervin, Horack & McCartha, Charlotte, and J. Duane Gilliam, Fayetteville by C. Eugene McCartha, Charlotte, for defendant appellants.

GRAHAM, Judge.

The facts are not in dispute: On Sunday, 5 March 1972, defendants sold various items of clothing and wearing apparel while employed at Treasure City, a place of business owned by Whitney Stores, Inc. and located in Cumberland County outside the corporate limits and jurisdiction of any municipality. Section IA of the ordinance in question provides that it shall be unlawful for any person to sell, or offer or expose for sale on a Sunday, any clothing...

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