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MIDWEST VIDEO CORPORATION v. CAMPBELL

Civ. No. 5931.

250 F.Supp. 158 (1965)

MIDWEST VIDEO CORPORATION, a corporation, et al., Plaintiffs, v. Honorable Jack M. CAMPBELL, Governor, et al., Defendants.

United States District Court D. New Mexico.

October 1, 1965.

Attorney(s) appearing for the Case

Moses, McClellan, Arnold, Owen & McDermott, Little Rock, Ark., Lynell G. Skarda, Clovis, N. M., for plaintiffs.

Earl E. Hartley, Atty. Gen., Boston E. Witt and George Richard Schmitt, Asst. Attys. Gen., Santa Fe, N. M., Robert F. Pyatt, Special Asst. Atty. Gen., Hobbs, N. M., for defendants.

Before SETH, Circuit Judge, PAYNE, Chief Judge, and BRATTON, District Judge.

PER CURIAM.

This suit was brought to enjoin officers of the state of New Mexico from enforcing against the plaintiffs § 67-7-13(m) of New Mexico Statutes 1953 Annotated, on the grounds of its unconstitutionality. The Act in part prohibits "any person" from:

"Advertising by any means whatsoever the quotation of any prices or terms on eyeglasses, spectacles, lenses, frames or mountings, or which quotes discount to be offered on eyeglasses, spectacles,...

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