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AMUSEMENT DEVICES ASS'N v. STATE OF OHIO

No. C-2-75-511.

443 F.Supp. 1040 (1977)

AMUSEMENT DEVICES ASSOCIATION, Pioneer Services, Inc. and Progress Vending, Inc., Plaintiffs, v. STATE OF OHIO, William J. Brown, Attorney General, Bennie Espy, Thomas Rooney, Caulfield, Assistant Attorneys General and Robert W. Powell, Clerk Common Pleas Court, Clark County, Ohio, Defendants.

United States District Court, S. D. Ohio, E. D.

July 26, 1977.

Attorney(s) appearing for the Case

Arnold Morelli, James W. Farrell, Jr., Lawrence A. Kane, Jr., Cincinnati, Ohio, James F. DeLeone, Columbus, Ohio, Ambrose H. Lindhorst, Cincinnati, Ohio, for plaintiffs.

Thomas V. Martin, Asst. Atty. Gen., Columbus, Ohio, for defendants.

Before PECK, Circuit Judge, and KINNEARY and DUNCAN, District Judges.

OPINION

DUNCAN, District Judge.

Since January 1, 1974, "engaging in organized crime" has been a felony offense in the State of Ohio. The organized crime statute appears in Chapter 2923 of the Revised Code, which includes penal provisions concerning conspiracy, attempt, complicity, and certain weapons offenses. The statute is R.C. 2923.04, which provides in its entirety as follows (emphasis supplied):

(A) No person, with purpose to establish or...

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