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CINEMA BLUE OF CHARLOTTE, INC. v. GILCHRIST

No. 89-1415.

887 F.2d 49 (1989)

CINEMA BLUE OF CHARLOTTE, INCORPORATED; Jim St. John; Curtis Rene Peterson, Plaintiffs-Appellees, v. Peter S. GILCHRIST, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1989.

Rehearing and Rehearing Denied October 30, 1989.

Attorney(s) appearing for the Case

Harold Mitchell White, Jr., Sp. Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Pittsboro, N.C., Jean A. Benoy, Isham B. Hudson, Sr. Deputy Attys. Gen. and David Roy Blackwell, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief) for defendant-appellant.

Lee J. Klein, Okemos, Mich. (George Daly, Nelson M. Casstevens, Jr., and Calvin Murphy, Charlotte, N.C., on brief), for plaintiffs-appellees.

Before PHILLIPS, MURNAGHAN and WILKINS, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 30, 1989.

PHILLIPS, Circuit Judge:

Peter S. Gilchrist, III, District Attorney for the Twenty-Sixth Prosecutorial District of the State of North Carolina, appeals a district court order awarding preliminary injunctive relief to the plaintiffs, Cinema Blue of Charlotte, Inc., Jim St. John and Curtis Rene Peterson (collectively, "Cinema Blue"), in this action under 42 U.S.C. § 1983. The challenged injunction...

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