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SCHELLENBERGER v. BREIER

Civ. A. No. 70-C-495.

327 F.Supp. 890 (1971)

William G. SCHELLENBERGER, Individually and on behalf of all other persons similarly situated, Plaintiff, v. Harold A. BREIER, Individually and as Chief of Police of the City of Milwaukee, Wisconsin; E. Michael McCann, Individually and as District Attorney for Milwaukee County, Wisconsin, and their agents, assistants, assigns, attorneys, employees, successors, and all persons acting in concert or cooperation with them or at their direction or under their control, Defendants.

United States District Court, E. D. Wisconsin.

April 2, 1971.

Attorney(s) appearing for the Case

Shellow & Shellow, Milwaukee, Wis., for plaintiff.

Joseph E. Tesch, Asst. Dist. Atty., Milwaukee, Wis., for defendant E. Michael McCann.

Thomas E. Hayes, Asst. City Atty., Milwaukee, Wis., for defendant Harold A. Breier.

OPINION AND ORDER DISMISSING COMPLAINT

REYNOLDS, District Judge.

This is an action challenging the constitutionality of a Wisconsin criminal statute regulating the use and possession of marijuana and other like substances. The plaintiff here is a defendant in a pending state court prosecution under the statute at issue.

Plaintiff brings this action contending, on his own behalf and behalf of all others similarly situated, that § 161.30(12) ...

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