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PRAK v. GREGART

No. 4:90-CV-107.

749 F.Supp. 825 (1990)

Linda PRAK, Plaintiff, v. James J. GREGART, Individually and as Prosecuting Attorney of Kalamazoo County, Michigan, Defendant.

United States District Court, W.D. Michigan, S.D.

October 23, 1990.

Attorney(s) appearing for the Case

William L. Fette, Susan M. Fall, Gemrich, Moser, Bowser, Fette, et al., Kalamazoo, Mich., Robert A. Sedler, Paul J. Denenfeld, Legal Director, Detroit, Mich., for plaintiff.

Duane T. Triemstra, Kalamazoo County Bd. of Com'rs, Kalamazoo, Mich., for defendant.

OPINION

BENJAMIN F. GIBSON, District Judge.

Plaintiff Linda Prak seeks to preliminarily enjoin defendant James S. Gregart, the Prosecuting Attorney of Kalamazoo County, from prosecuting her under a state law making it a misdemeanor to "use any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child." Mich.Comp.Laws § 750.337. The charge against plaintiff allegedly arose when she responded with the words...

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