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OPTIMIST CLUB OF NORTH RALEIGH, N.C. v. RILEY

No. 82-293-CIV-5.

563 F.Supp. 847 (1982)

The OPTIMIST CLUB OF NORTH RALEIGH, NORTH CAROLINA, Plaintiff, and Joseph A. Page, Plaintiff-Intervenor, v. Randolph RILEY, District Attorney for the Tenth Prosecutorial District of the State of North Carolina, Defendant.

United States District Court, E.D. North Carolina, Raleigh Division.

On Permanent Injunction November 18, 1982.

Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Blanchard, Tucker, Twiggs, Denson & Earls, Raleigh, N.C., Errol Copilevitz, Harding & Copilevitz, Kansas City, Mo., for plaintiff.

William R. Shenton, Asst. Atty. Gen., Raleigh, N.C., for defendant.

ORDER

DUPREE, Chief Judge.

This action is before the court for a ruling on plaintiffs' motion for a preliminary injunction to restrain enforcement of a recent amendment to the North Carolina General Statutes, which makes it unlawful for professional solicitors to solicit charitable contributions by telephone. N.C.G.S. § 14-401.12 (1981). After consideration of submissions by the parties and after argument of counsel at a hearing on June 2,

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