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LIBERMAN v. SCHESVENTER

No. 78-45-Civ-J-C.

447 F.Supp. 1355 (1978)

David LIBERMAN and International Society for Krishna Consciousness of North Florida, Inc., a non-profit corporation organized under the laws of the State of Florida, Plaintiffs, v. George F. SCHESVENTER, Individually, and as Superintendent of the Castillo de San Marcos National Monument, Cecil D. Andrus, as Secretary of the Department of the Interior of the United States and Griffin Bell, as Attorney General of the United States, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

March 31, 1978.

Attorney(s) appearing for the Case

Hugh A. Carithers, Jr., Jacksonville, Fla., for plaintiffs.

John L. Briggs, U.S. Atty., Robert S. Yerkes, Asst. U.S. Atty., Jacksonville, Fla., for defendants.

MEMORANDUM OPINION

CARR, District Judge.

I

The Plaintiffs bring this constitutionally based action for declaratory and injunctive relief under the authority of Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and 28 U.S.C. sections 2201-02. The Plaintiffs have challenged the constitutional validity of a federal regulation which governs the sale and distribution of printed...

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