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NEW ENGLAND ACCESSORIES TRADE ASS'N v. TIERNEY

Civ. 81-0360 P.

528 F.Supp. 404 (1981)

NEW ENGLAND ACCESSORIES TRADE ASSOCIATION, et al., Plaintiffs, v. James E. TIERNEY, in his capacity as Attorney General for the State of Maine, et al., Defendants.

United States District Court, D. Maine.

December 7, 1981.

Attorney(s) appearing for the Case

Richard S. Emerson, Jr., Portland, Me., James M. Smith, Denver, Colo., for plaintiffs.

James W. Brannigan, Jr., Rufus E. Brown, Deputy Attys. Gen., William R. Stokes, Asst. Atty. Gen., Augusta, Me., Robert E. Miller, City Sol., Bangor, Me., for defendants.

MEMORANDUM OF OPINION AND ORDER OF THE COURT

GIGNOUX, Chief Judge.

This civil rights action pursuant to 42 U.S.C. § 1983 involves a challenge to the constitutionality of the so-called Maine Drug Paraphernalia Act, 17-A M.R.S.A. § 1111-A, as originally enacted and subsequently amended.1 Plaintiffs seek a declaratory judgment that the statute violates their constitutional rights, and an injunction restraining its enforcement...

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