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BEAM v. TATUM

No. 5:06-CV-279-D.

492 F.Supp.2d 535 (2007)

Mark H. BEAM, Plaintiff, v. George TATUM, Commissioner, North Carolina Division of Motor Vehicles, et al., Defendants.

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

June 26, 2007.

Attorney(s) appearing for the Case

R. David Wicker, Jr., Roberti, Wittenberg, Lauffer & Wicker, P.A., Durham, NC, for Plaintiff.

Neil Clark Dalton, N.C. Department of Justice, Raleigh, NC, for Defendants.

ORDER

DEVER, District Judge.

Several motions are pending in this action challenging the imposition of a civil penalty assessed pursuant to North Carolina's Motor Vehicle Act, N.C. Gen.Stat. §§ 20-1 et seq. Essentially, plaintiff seeks a declaration that a civil penalty that North Carolina imposed due to the manner in which he operated a hauling truck violates the United States and North Carolina Constitutions and an injunction ordering that...

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