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AMERICAN BOOKSELLERS ASS'N v. STROBEL

Civ. A. No. 85-816-A.

617 F.Supp. 699 (1985)

AMERICAN BOOKSELLERS ASSOCIATION, et al., Plaintiffs. v. Charles T. STROBEL, Director of Public Safety, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

September 10, 1985.

Attorney(s) appearing for the Case

Victor Glasberg, Alexandria, Va., for plaintiffs.

Robert L. Murphy, Asst. City Atty., Alexandria, Va., for Strobel.

Charles G. Flinn, Ara L. Tramblian, Cynthea L. Perry, Arlington, Va., for Stover.

Richard B. Smith, Asst. Atty. Gen., Richmond, Va., for defendants.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, District Judge.

Introduction

This matter comes before the Court on a trial to the bench on September 5, 1985. Plaintiffs challenge the constitutionality of the 1985 Amendment to § 18.2-391 of the Code of Virginia. The relevant statutes are set out below, and the challenged portion (hereafter "the amendment") is highlighted:

§ 18.2-390. Definitions. — As used in this article...

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