1. Home
  2. Browse Decisions
  3. F.2d
  4. 612 F.2d
  5. 612 F.2d 821 (1979)
 

HART BOOK STORES, INC. v. EDMISTEN

Nos. 78-1461, 78-1706.

612 F.2d 821 (1979)

HART BOOK STORES, INC.; Raleigh Books, Inc.; Tri-State News, Inc.; Ronald Mothershead, d/b/a R. and M. Adult Book Store; Jesse F. Frye, Jr., d/b/a L. & J. News Stand; Larry Gene Moore, d/b/a E. & M. EnterPrises; Thomas Page, d/b/a Player's Book Store; Joseph Raymond MC Broom, d/b/a M Distributors; Camera's Eye, Inc., a North Carolina Corporation, Appellees, v. Rufus EDMISTEN, Attorney General of North Carolina; Randolph Riley, District Attorney for 10th Judicial District; E. Raymond Alexander, District Attorney for 18th Judicial District; Donald K. Tisdale, District Attorney for 21st Judicial District; Donald Jacobs, District Attorney for 8th Judicial District; Dan K. Edwards, District Attorney for 14th Judicial District; H. W. Zimmerman, District Attorney for 22nd Judicial District; Donald Greene, District Attorney for 25th Judicial District; James C. Roberts, District Attorney for 19th Judicial District, W. A. Allen, Sheriff, Durham County, North Carolina; T. B. Seagroves, Chief of Police, City of Durham, North Carolina; The State of North Carolina; William H. Andrews, District Attorney for 4th Judicial District; William Allen Cobb, District Attorney for 5th Judicial District; Edward W. Grannis, Jr., District Attorney for 12th Judicial District; Wade Barber, Jr., District Attorney for 15(b) Judicial District; C. D. Knight, Sheriff, Orange County, North Carolina; Herman Stone, Chief of Police, City of Chapel Hill, North Carolina, Appellants. U. T. INCORPORATED, a Georgia Corporation, d/b/a Camera's Eye Bookstore; and Mind's Eye, Inc., a North Carolina Corporation, d/b/a as Mind's Eye and Imperial Book Store, Appellees, v. Rufus EDMISTEN, Attorney General of the State of North Carolina; Joseph Brown, District Attorney of the Twenty-Seventh Judicial District and Individually; C. C. Elmore, Chief of Police of City of Gastonia and Individually; Peter Gilchrist, District Attorney for the Twenty-Sixth Judicial District and Individually; Donald Greene, District Attorney for the Twenty-Fifth Judicial District and Individually, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Arnold Loewy, Professor of Law, University of North Carolina, Chapel Hill, N. C. (Rufus L. Edmisten, Atty. Gen., Marvin Schiller, Asst. Atty. Gen., Raleigh, N. C., on brief), for appellants.

Michael K. Curtis, Greensboro, N. C. (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C., Thomas F. Loflin, III, Loflin, Loflin, Galloway, Leary & Acker, Durham, N. C., on brief), for appellees.

Before JEAN S. BREITENSTEIN, United States Circuit Judge for the Tenth Circuit, sitting by designation, and WIDENER and PHILLIPS, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

The issue on these consolidated appeals is the constitutionality of a North Carolina statute providing that a single building that contains an adult bookstore, adult theater, adult mini-theater, massage parlor, or sexual device wares cannot contain a second such "adult establishment."1 Two federal district courts determined, in separate suits brought by the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases