JIM CROCKETT PROMOTION, INC. v. CITY OF CHARLOTTE

No. 82-1554.

706 F.2d 486 (1983)

JIM CROCKETT PROMOTION, INC., a North Carolina corporation, and Charlotte Sports Promotions, Inc., a North Carolina corporation, Appellees, v. The CITY OF CHARLOTTE, a municipal corporation; O. Wendell White, as City Manager of the City of Charlotte, and Mack M. Vines, as Chief of Police of the City of Charlotte, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1983.


Attorney(s) appearing for the Case

Durant W. Escott, Charlotte, N.C., Office of The City Atty., for appellant.

Richard D. Boner, Lexington, N.C. (John A. Mraz, Mraz, Michael & Boner, P.A., Charlotte, N.C.), for appellees.

Before RUSSELL, WIDENER and CHAPMAN, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This is an appeal from a grant of a preliminary injunction against the enforcement of certain specific sections of the Charlotte, (North Carolina) Noise Ordinance.1 In so doing, the District Court found two sections (§§ 13-53.1 and 13-52) of the Ordinance facially unconstitutional for vagueness and a third (§ 13-55.1) unconstitutional because it "place[d] an unconstitutional burden upon the...

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