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NOVA RECORDS, INC. v. SENDAK

No. IP 80-431-C.

504 F.Supp. 938 (1980)

NOVA RECORDS, INC., an Indiana Corporation; the Cotton Patch, Inc., an Indiana corporation; Martin L. Barmes and Barbara J. Barmes, d/b/a Barbara's Gift Shop, Plaintiffs, v. Theodore L. SENDAK, Individually and in his official capacity as Attorney General of the State of Indiana et al., Defendants.

United States District Court, S. D. Indiana, Indianapolis Division.

December 9, 1980.

Attorney(s) appearing for the Case

Michael L. Pritzker of Stroup, Goldstein, Jenkins & Pritzker, Chicago, Ill., Stephen W. Dillon of Bowman, Visher & Dillon, Indianapolis, Ind., for plaintiffs.

Theodore L. Sendak, Atty. Gen. by David Michael Wallman and Eric M. Cavanaugh, Deputy Attys. Gen., for State of Ind., Indianapolis, Ind., for defendants.

MEMORANDUM OF DECISION

NOLAND, District Judge.

Plaintiffs in this action seek to have Indiana House Enrolled Act Number 1468, codified at Ind.Code § 16-6-8.5-5 and §§ 35-48-4-8.1 to 8.3 (Supp.1980), which impose criminal penalties and forfeiture for the possession, delivery, manufacture, conveyance, and containment of items of paraphernalia, declared facially unconstitutional. Jurisdiction is founded upon the provisions of 28 U.S.C...

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