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FEHLHABER v. STATE OF NORTH CAROLINA

No. 77-0043-CIV-3.

445 F.Supp. 130 (1978)

Roger FEHLHABER, d/b/a Adult Book Store, Charles E. Allen, d/b/a Keyhole Adult Book World, Foxes Cinema, a Georgia Corporation, Chateau # II, Inc., a South Carolina Corporation, Bragg News, Inc., a Maryland Corporation, String News, Limited, a Delaware Corporation, Darlene Spears, d/b/a Executive Health Club, Peter Egan, d/b/a Southern Comfort Health Club, and Peter Egan and Ni Thi Le d/b/a Magic Finger Health Club, Plaintiffs, v. The STATE OF NORTH CAROLINA, Rufus Edmisten, Attorney General of the State of North Carolina, Edward W. Grannis, Jr., District Attorney for the 12th Judicial District of the State of North Carolina, Defendants.

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

January 4, 1978.

Attorney(s) appearing for the Case

James C. MacRae, MacRae, MacRae & Perry, Fayetteville, N. C., William E. Seekford, Towson, Md., for plaintiffs.

Edwin M. Speas, Jr., Robert P. Gruber, Special Deputy Attys. Gen., Raleigh, N. C., for defendants.

MEMORANDUM OF DECISION

DUPREE, District Judge.

Plaintiffs in this action seek a declaratory judgment that 1977 Session Senate Bill 539, Ratified Bill Chapter 819, entitled "An Act to Provide for the Civil Abatement of Nuisances Including Obscene Matter," is constitutionally invalid. Jurisdiction is uncontested, and appropriate under 28 U.S.C. §§ 1343 and 2201, and 42 U.S.C. § 1983. In an earlier...

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