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WALL & OCHS, INC. v. HICKS

No. 78-115-Civ-5.

469 F.Supp. 873 (1979)

WALL & OCHS, INC., Plaintiff, v. Greg L. HICKS, Herbert L. Ridgeway, Jr., Herbert L. Ridgeway, III, Henry C. Severs and Edward L. Thigpen, Individually and as Members of the North Carolina State Board of Opticians, and North Carolina Opticians Association, Intervenor, Defendants.

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

April 9, 1979.

Attorney(s) appearing for the Case

James R. Trotter, Spruill, Trotter & Lane, Rocky Mount, N. C., for plaintiff.

Millard R. Rich, Jr., Deputy Atty. Gen., Raleigh, N. C., for defendants.

John N. Fountain, Bailey, Dixon, Wooten, McDonald & Fountain, Raleigh, N. C., for defendant intervenor.

MEMORANDUM OF DECISION

DUPREE, District Judge.

Wall & Ochs, Inc., a foreign corporation engaged in retail eyeglass vending in the Eastern District of North Carolina, brings this action under 42 U.S.C. § 1983 alleging the violation of its First and Fourteenth Amendment rights. Specifically, plaintiff contends that defendants, acting individually and through the North Carolina State Board of Opticians ("State Board"), unlawfully penalized and prohibited...

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