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NEW ENGLAND ACCESSORIES TRADE v. CITY OF NASHUA

Nos. 80-1822, 81-1668.

679 F.2d 1 (1982)

NEW ENGLAND ACCESSORIES TRADE ASSOCIATION, INC., Kanko, Inc., and Stuart Tulchinsky, Plaintiffs-Appellants, v. CITY OF NASHUA, et al., Defendants-Appellees. NEW ENGLAND ACCESSORIES TRADE ASSOCIATION, INC., Kanko, Inc., and Stuart Tulchinsky, Plaintiffs-Appellants, v. STATE OF NEW HAMPSHIRE and Gregory H. Smith In His Official Capacity As Attorney General of the State of New Hampshire, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided May 24, 1982.

Attorney(s) appearing for the Case

James M. Smith, Denver, Colo., with whom Tower, Bean & Crocker, Jaffrey, N. H., was on brief, for plaintiffs-appellants.

H. Philip Howorth, Nashua, N. H., for defendants-appellees City of Nashua, et al.

Martha V. Gordon, Asst. Atty. Gen., Criminal Justice Division, with whom Gregory H. Smith, Atty. Gen., Concord, N. H., was on brief, for the State of New Hampshire, et al.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Appellants, who are the same in both cases,1 appeal two decisions of the district court upholding the constitutionality of the drug paraphernalia ordinance of the City of Nashua, New Hampshire, and New Hampshire's drug paraphernalia statute. Although the cases were heard and decided separately, they are identical in many respects. The complaints in both cases allege that the action arises under the first, fourth...

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