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FRANZA v. CAREY

No. 80 Civ. 4311 (JMC).

518 F.Supp. 324 (1981)

Edna FRANZA and Robert Brache, Plaintiffs, v. Hugh L. CAREY, as Governor of New York State, Robert Abrams, as Attorney General of New York State, and Richard Berman, as Director of New York State Health Systems Management, Defendants.

United States District Court, S. D. New York.

July 17, 1981.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, New York City (Richard Ware Levitt and Randye S. Retkin, New York City, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of N. Y., New York City (Patricia C. Armstrong and Judith T. Kramer, Asst. Attys. Gen., New York City, of counsel), for defendants.

OPINION

CANNELLA, District Judge:

After consolidating a hearing on plaintiffs' motion for a preliminary injunction with a trial on the merits of the complaint, the Court finds for plaintiffs. New York State's drug paraphernalia law, Article 39 of the General Business Law §§ 850-853 (McKinney Supp. 1980-1981) [the "Statute" or "Article 39"], is hereby declared to be impermissibly vague and its enforcement is permanently enjoined.

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