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GEIGER v. CITY OF EAGAN

No. 79-1831.

618 F.2d 26 (1980)

Robin GEIGER, Individually and d/b/a Mak'n Magic, Appellant, v. CITY OF EAGAN; Leo Murphy, Mayor of the City of Eagan; Mark Parranto, Councilman for the City of Eagan; Tom Egan, Councilman for the City of Eagan; Jim Smith, Councilman for the City of Eagan; Ted Wachter, Councilman for the City of Eagan; Martin DesLauriers, Chief of Police for the City of Eagan, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1980.

Attorney(s) appearing for the Case

Michael L. Pritzker, Stroup, Goldstein, Jacobs, Jenkins & Pritzker, Chicago, Ill., for appellant; Gregory L. Rothnem, Thomas L. Steffens and Thomas B. Olson, Minneapolis, Minn., on brief.

Paul Hauge and Bradley Smith, Eagan, Minn., for appellees; Paul H. Hauge & Associates, P. A., Eagan, Minn., on brief.

David G. Johnson, MCLU Volunteer Atty., Prior Lake, Minn., and Linda Ojala, MCLU Legal Counsel, Minneapolis, Minn., amicus curiae.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.

HEANEY, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Minnesota denying Robin Geiger's motion for a preliminary injunction. Geiger, owner of "Mak'n Magic," a store selling, among other things, pipes and smoking accessories, challenges the City of Eagan's Ordinance No. 71 entitled "An Ordinance Prohibiting the Sale, Transfer and Possession of Drug-Related Devices."

The challenged ordinance prohibits the...

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