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FOOD FAIR, INC. v. CITY OF HENDERSON, N.C.

No. 729SC507.

194 S.E.2d 213 (1973)

17 N.C. App. 335

FOOD FAIR, INC. v. CITY OF HENDERSON, N. C., et al.

Court of Appeals of North Carolina.

February 14, 1973.

Attorney(s) appearing for the Case

Rogers & Senter by Bobby W. Rogers, Henderson, for plaintiff appellee.

Perry, Kittrell, Blackburn & Blackburn by Charles F. Blackburn, Henderson, for defendants appellants.

PARKER, Judge.

As their authority for refusing to issue to plaintiff the license applied for, appellants rely upon Chap. 936 of the 1945 Session Laws. Section 2 of that Act reads as follows:

"Sec. 2. The governing body of any municipality in Vance, Scotland and Moore Counties in their discretion are hereby authorized to refuse to issue a license for the sale of wine within the corporate limits of said municipality."

In its complaint, plaintiff attacked...

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