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MOOREFIELD v. GARRISON

No. A-C-77-73.

464 F.Supp. 892 (1979)

George H. MOOREFIELD, Petitioner, v. Samuel P. GARRISON, Warden, and the State of North Carolina, Respondents.

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

February 12, 1979.

Attorney(s) appearing for the Case

McLean, Leake, Talman & Stevenson, Asheville, N. C., for petitioner.

Richard N. League, Asst. Atty. Gen., Dept. of Justice, Raleigh, N. C., for respondents.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

George Henry Moorefield, the petitioner, operated a store in Maggie Valley, North Carolina, at which he peddled books and other materials commonly termed "pornographic." He operated out of premises leased from another. On August 1, 1975, some time around 8:45 or 9:00 P.M., the building was observed burning. Moorefield had been in the building a short time (about dinner time or "about 5:00" or "a few minutes...

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