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CINEMA BLUE OF CHARLOTTE, INC. v. GILCHRIST

No. C-C-88-557-M.

704 F.Supp. 631 (1989)

CINEMA BLUE OF CHARLOTTE, INC., Jim St. John, and Curtis Rene Peterson, Plaintiffs, v. Peter S. GILCHRIST, III, District Attorney of the Twenty-Sixth Prosecutorial District, in his official capacity, Defendant.

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

January 13, 1989.

Attorney(s) appearing for the Case

Nelson M. Casstevens, Jr., Charlotte, N.C., Lee J. Klein, Durand, Mich., George Daly, Calvin Murphy, Charlotte, N.C., for plaintiffs.

Harold M. White, Jr., N.C. Dept. of Justice, Raleigh, N.C., for defendant.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

On December 23, 1988, plaintiffs filed this action pursuant to 42 U.S.C. § 1983, alleging that defendant has deprived them of their rights under the First, Sixth and Fourteenth Amendments. In the complaint, plaintiffs seek declaratory relief and have moved that, pending final trial and determination, the court preliminarily enjoin defendant. Plaintiffs' motion for preliminary injunction was heard on January...

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