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GREGORY v. GAFFNEY

Civ. No. 2657.

322 F.Supp. 238 (1971)

James GREGORY, Plaintiff, v. Rev. Glenn GAFFNEY, Rev. Glenn Flowe, Rev. John H. Connell, Jake Elliott and A. A. Mauney, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

Decided January 20, 1971.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N.C., for plaintiff.

James E. Griffin, Monroe, N.C., for defendants.

Robert B. Morgan, Atty. Gen. of N.C., Andrew A. Vanore, Jr., Asst. Atty. Gen., Burley B. Mitchell, Jr., and Charles A. Lloyd, Staff Attys., Raleigh, N.C., for State of North Carolina as amicus curiae.

Before CRAVEN, Circuit Judge, and JONES and McMILLAN, District Judges.

CRAVEN, Circuit Judge:

This is a suit brought by the manager of The Center Motion Picture Theatre in Monroe, North Carolina, to declare North Carolina General Statute 14-193 unconstitutional as in violation of the First Amendment to the Constitution of the United States. For exhibiting the film called "The Vixen" plaintiff was prosecuted under the statute and convicted in an inferior North Carolina court. He has appealed to the Superior Court of North Carolina and...

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