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CHESAPEAKE B & M, INC. v. CASSILLY

Civ. No. B-89-2073.

729 F.Supp. 1106 (1990)

CHESAPEAKE B & M, INC. t/a Highway Craft, Gift & Book Store and Richard Stone v. Joseph I. CASSILLY, States Attorney for Harford County and Dominick J. Mele, Sheriff, Harford County, Maryland.

United States District Court, D. Maryland.

February 2, 1990.

Attorney(s) appearing for the Case

Howard J. Schulman, Baltimore, Md., for plaintiffs.

J. Joseph Curran, Jr., Atty. Gen. of Md., and Andrew H. Baida, Asst. Atty. Gen., Baltimore, Md., for defendants.

WALTER E. BLACK, Jr., District Judge.

This case involves the interplay between the federal doctrine of abstention from enjoining pending state criminal proceedings and the First Amendment's prohibition against mass seizures of potentially protected material without a prior adversary hearing. Plaintiff Chesapeake B & M, Inc., t/a Highway Craft, Gift & Book Store ("Highway Craft"), is a shop selling sexually related materials in Aberdeen, Maryland. Highway Craft...

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