Atkins v. City of Charlotte

CRAVEN, Circuit Judge:

This is a civil action brought to obtain a declaratory judgment and injunctive relief declaring unconstitutional and preventing enforcement of Sections 95-97, 95-98 and 95-99 of the General Statutes of North Carolina. We hold G.S. 95-97 unconstitutional on its face. We hold G.S. § 95-98 a valid and constitutional exercise of the legislative authority of the General Assembly of North Carolina. As for G.S. § 95-99, we hold it to be so related to G.S. § 95-97 that it cannot survive the invalidation of that section.

Counsel have not been able to agree on findings of facts. We…