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ZAYRE OF GEORGIA, INC. v. CITY OF ATLANTA

Civ. A. No. 10106.

276 F.Supp. 892 (1967)

ZAYRE OF GEORGIA, INC., a corporation, and A & M Servicing Corporation of Fort Worth, a corporation v. The CITY OF ATLANTA, a municipal corporation of the State of Georgia, H. T. Jenkins, Chief of Police of the City of Atlanta, Georgia, and William E. Spence, Solicitor of the Criminal Court of Fulton County.

United States District Court N. D. Georgia, Atlanta Division.

Judgment March 1, 1967.

Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for plaintiff.

William E. Spence, Solicitor of the Criminal Court of Fulton County, Atlanta, Ga., pro se.

Henry L. Bowden, Atlanta, Ga., for City of Atlanta and H. T. Jenkins.

LEWIS R. MORGAN, Chief Judge.

The instant action was brought to seek an injunction requiring the City of Atlanta and its officials to apply Georgia Code Section 26-6905 in a non-discriminatory manner, or in the alternative to strike down such statute as unconstitutional.

The statute in question provides: "Any person who shall pursue his business or the work of his ordinary calling on the Lord's day, works of necessity...

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