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GIOVANI CARANDOLA, LTD. v. FOX

No. 1:01CV00115.

396 F.Supp.2d 630 (2005)

GIOVANI CARANDOLA, LTD., a North Carolina Corporation, and Janel D. Ralph, Plaintiffs, and Dockside Dolls, Inc., a North Carolina Corporation, d/b/a/ Dockside Dolls; and North Carolina Golf and Travel, Inc., a North Carolina Corporation, d/b/a Pure Gold of Southern Pines; and Elizabeth Gofredi, New Party Plaintiffs v. Douglas A. FOX, in his official capacity as acting Chair of the North Carolina Alcohol Beverage Control Commission; Mike A. Joyner and Ricky Wright, in their official capacities as Members of the North Carolina Alcohol Beverage Control Commission; Bryan E. Beatty, in his official capacity as Secretary of the North Carolina Department of Crime Control and Public Safety, Defendants.

United States District Court, M.D. North Carolina.

October 26, 2005.

Attorney(s) appearing for the Case

Steven D. Shafron, Berkman Gordon Murray & Devan, Cleveland, OH, J. Michael Murray, Thomas F. Loflin, III, Loflin & Loflin, Durham, NC, Plaintiffs.

John Julian Aldridge, III, Isaac T. Avery, III, Amy L. Yonowitz, N.C. Dept. of Justice, Raleigh, NC, for Defendants.

MEMORANDUM OPINION

TILLEY, Chief Judge.

This suit questions the North Carolina Legislature's amended statute regulating conduct on premises licensed by the North Carolina Alcohol Beverage Control Commission ("Commission" or "ABC"). Plaintiffs' Second Amended Complaint for Declaratory Judgment, Preliminary Injunction and Permanent Injunction [Doc. # 45] seeks both a declaration that North Carolina General Statutes §§ 18B-1005 and 18B-1005.1 are...

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