District Court, W.D. North Carolina February 12, 1979, A-C-77-73 (Moorefield v. Garrison)

MEMORANDUM OF DECISION

McMILLAN, District Judge.

George Henry Moorefield, the petitioner, operated a store in Maggie Valley, North Carolina, at which he peddled books and other materials commonly termed “pornographic.” He operated out of premises leased from another. On August 1, 1975, some time around 8:45 or 9:00 P.M., the building was observed burning.