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THREE K. C. v. RICHTER

No. 61742.

279 N.W.2d 268 (1979)

THREE K. C., a corporation, and Ronald Bergeron, d/b/a the Bittersweet, Appellants, v. David E. RICHTER, County Attorney of Pottawattamie County, Iowa, Appellee. TWO-R, INC., a corporation, d/b/a the Lusty Lady, Appellant, v. David E. RICHTER, County Attorney of Pottawattamie County, Iowa, Appellee.

Supreme Court of Iowa.

May 30, 1979.

Attorney(s) appearing for the Case

James A. Pratt and Robert C. Heithoff of Heithoff, Pratt & Heithoff, Council Bluffs, for appellants.

David E. Richter, Pottawattamie County Atty., pro se.

Considered en banc.

UHLENHOPP, Justice.

This appeal involves due process and equal protection attacks on a statute prohibiting nudity in establishments where liquor or beer is sold. The legislature provided in section 728.5, The Code 1979:

A holder of a liquor license or beer permit or any owner, manager, or person who exercises direct control over any licensed premises defined in section 123.3, subsection 31 shall be guilty of a serious misdemeanor under any of the following...

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