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HURSEY v. TOWN OF GIBSONVILLE

No. 7318SC374.

197 S.E.2d 608 (1973)

18 N.C. App. 581

S. H. HURSEY, Jr., t/b/a Hursey's Handy Corner, et al., Plaintiffs, v. The TOWN OF GIBSONVILLE, a municipal corporation, and M. W. Milligan, Chief of Police of the Town of Gibsonville, Defendants, and Robert Morgan, Attorney General of North Carolina, Additional Defendant.

Court of Appeals of North Carolina.

July 11, 1973.

Attorney(s) appearing for the Case

Walker, Short & Alexander by W. Marcus Short, and Forrest E. Campbell, Greensboro, for plaintiff appellants.

Smith, Moore, Smith, Schell & Hunter by Beverly C. Moore, Greensboro, for defendant appellees.

Robert Morgan, Atty. Gen. by Howard A. Kramer, Associate Atty., Raleigh, for additional defendant State of N. C.

BALEY, Judge.

G.S. § 18A-33(b) reads in pertinent part:

"In addition to the restrictions on the sale of malt beverages and/or wines (fortified or unfortified) set out in this section, the governing bodies of all municipalities and counties in North Carolina shall have, and they are hereby vested with, full power and authority to regulate and prohibit the sale of malt beverages and/or wine (fortified or unfortified) from 1:00 P.M. on each Sunday until...

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