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ZALMAN v. ARMSTRONG

No. 85-5174.

802 F.2d 199 (1986)

Bruce ZALMAN, Plaintiff-Appellee, v. David L. ARMSTRONG, individually and as Attorney General of the Commonwealth of Kentucky; Louis J. Hollenbach, III, individually and as Commonwealth Attorney for the 30th Judicial District of Kentucky; and Hon. Olga S. Peers, individually and as Judge, Jefferson Circuit Court, Eleventh Div., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1986.

Rehearing and Rehearing Denied November 17, 1986.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen. of Kentucky, Frankfort, Ky., Robert V. Bullock (argued), for defendants-appellants.

Scott T. Wendelsdorf, Louisville, Ky., John T. Ballantine (argued), Fred R. Radolovich, Louisville, Ky., for plaintiff-appellee.

Before ENGEL, KENNEDY and RYAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1986.

ENGEL, Circuit Judge.

Plaintiff Bruce Zalman filed this action in the United States District Court for the Western District of Kentucky seeking injunctive relief prohibiting his prosecution under Ky.Rev.Stat. § 506.120(1)(d)1 and declaratory relief that this statute violated his constitutional rights under the First, Sixth and Fourteenth Amendments of the United States...

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