Legal Opinion

SS Kresge Company v. Tomlinson

Supreme Court of North Carolina

Decided January 21, 1969No. 524PublishedCited by 12 opinions

1Opinion of the CourtBobbitt, J.

Plaintiffs alleged the ordinance prohibits the sale of the great majority of the items of merchandise they would otherwise sell during the period they operate their stores on Sunday, namely, from 1:00 p.m. through 7:00 p.m. Their factual allegations, which are admitted for the purpose of testing the sufficiency of the complaints, are deemed sufficient to support their conclusion that enforcement of the ordinance would cause them to suffer “substantial' direct economic injury.”

Notwithstanding the general rule that the constitutionality of a statute or ordinance purporting to create a criminal…

2Cases cited16 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  3. Murdock v. PennsylvaniaSupreme Court of the United States · 1943
  4. Illinois Ex Rel. McCollum v. Board of Ed. of School Dist. No. 71, Champaign Cty.Supreme Court of the United States · 1948
  5. Two Guys From Harrison-Allentown, Inc. v. McGinleySupreme Court of the United States · 1961

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. SS Kresge Company v. DavisSupreme Court of North Carolina · 1971
  2. State v. GreenwoodSupreme Court of North Carolina · 1972
  3. Raleigh Mobile Home Sales, Inc. v. TomlinsonSupreme Court of North Carolina · 1970
  4. State v. UnderwoodSupreme Court of North Carolina · 1973
  5. Town of Atlantic Beach v. YoungSupreme Court of North Carolina · 1983

7 more not listed; retrieve them via the Exa API.

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