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SOUTHEASTERN PROMOTIONS, LTD. v. CITY OF CHARLOTTE, N. C.

Civ. A. No. 2981.

333 F.Supp. 345 (1971)

SOUTHEASTERN PROMOTIONS, LIMITED, and Pumpkin Promotions, Limited, Plaintiffs, v. CITY OF CHARLOTTE, NORTH CAROLINA, et al., Defendants.

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

November 8, 1971.

Attorney(s) appearing for the Case

Stanley A. Gertzman, Gertzman & Goldfarb, Charlotte, N. C., and Michael P. Mullins, Palmer, Jonas & Mullins, Charlotte, N. C., for plaintiffs.

Henry W. Underhill, Jr., W. A. Watts and Charles R. Buckley, III, Charlotte, N. C., for defendants.

MEMORANDUM OF DECISION AND ORDER

McMILLAN, District Judge.

SUMMARY

Charlotte, North Carolina authorities denied plaintiffs the use of the Charlotte municipal auditorium for performances of the Broadway play, "HAIR," although for fifteen years or more Broadway plays have been shown there without censorship. The refusal was not based on obscenity or other illegality; city attorneys advised that the play does not violate applicable laws. The denial...

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