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K. HOPE, INC. v. ONSLOW COUNTY

Nos. 4:94-CV-130-BO3, 4:94-CV-133-BO2 and 4:94-CV-132-BO2.

911 F.Supp. 948 (1995)

K. HOPE, INC., Plaintiff, v. ONSLOW COUNTY, Defendant. TREANTS ENTERPRISES, Plaintiff, v. ONSLOW COUNTY, Defendant. Donald A. MERCER, Sr. t/a Pleasure Palace, Plaintiff, v. ONSLOW COUNTY, Defendant.

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

November 9, 1995.

Attorney(s) appearing for the Case

Jeffrey S. Miller, Jacksonville, NC, and Keith E. Fountain, Jacksonville, NC, for Plaintiffs.

Gary K. Shipman and Joel R. Rhine, Shipman & Lea, Wilmington, NC, for Defendant.

MEMORANDUM OPINION AND ORDER

TERRENCE WILLIAM BOYLE, District Judge.

North Carolina's Onslow County has long tried to ban, regulate, or otherwise control its sex trade. The Supreme Court of North Carolina struck down one such effort, aimed at nude dancing, as pre-empted by state law. State v. Tenore, 280 N.C. 238, 185 S.E.2d 644 (1972). In a case brought by one of the plaintiffs in...

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