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SAPPENFIELD v. STATE OF IND.

No. S83-85.

574 F.Supp. 1034 (1983)

Ronald SAPPENFIELD, Scandanavian Adult News, Inc., and Reel Thing, Inc., Plaintiffs, v. STATE OF INDIANA, Linley E. Pearson, as Attorney General of Indiana; Walter P. Chapala, as Prosecutor of LaPorte County, Indiana; City of LaPorte; Jan D. Rose, as Sheriff of LaPorte County, and the Indiana State Police, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

November 25, 1983.

Attorney(s) appearing for the Case

Richard Kammen, Indianapolis, Ind., Stephan A. Kray, LaPorte, Ind., for plaintiffs.

Linley Pearson, Ind. Atty. Gen. by Michael Schaefer, Deputy Atty. Gen., Indianapolis, Ind., Donald E. Baugher, John M. Anderton, LaPorte, Ind., for defendants.

MEMORANDUM and ORDER

SHARP, Chief Judge.

This cause is presently before the Court on cross motions for summary judgment. Plaintiffs, Ronald Sappenfield, Scandanavian Adult News, Inc., and Reel Thing, Inc. contend that IND.CODE § 34-4-30.5-1, et seq., is unconstitutional as it relates to businesses selling items protected by the First Amendment to the Constitution. Defendants State of Indiana, Walter P. Chapala, Jan D. Rose and Indiana State Police...

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