Fowler v. Alexander

MEMORANDUM OPINION AND ORDER

EUGENE A. GORDON, Chief Judge.

This cause is before the Court upon motion by the defendants to dismiss the action for failure to state a claim upon which relief may be granted and for lack of jurisdiction over the subject matter. On February 18, 1972, oral argument was presented by counsel.

The plaintiff herein, Jesse Fowler, instituted this action praying that North Carolina General Statutes § 6-49 and § 6-50 be declared invalid and in contravention of the Constitution of the United States, the enforcement of the said statutes be enjoined, damages be awarded to the…