DENNER v. PETRUCCI

No. 19289.

441 F.2d 564 (1971)

Marc DENNER and Michael Melon, for themselves and all others similarly situated, Appellants, v. Frank PETRUCCI, ind., and as a Probation Officer of Essex County, and Patrick De Fazio, ind., and as Chief of Police of West Orange, N. J.; Wilbur Selander, ind., and as Chief of Police of Springfield, N. J.; Claude Colligan, ind. and as Acting Chief of Police of New Brunswick, N. J.; and Mitchell Dario, ind., and as Chief of Police of Bloomfield, N. J. and as representatives of all other Chiefs of Police of the State of N. J.

United States Court of Appeals, Third Circuit.

Decided February 22, 1971.

As Amended April 6, 1971.


Attorney(s) appearing for the Case

Roger A. Lowenstein, Law Dept., Newark, N. J., and Richard Chused, Rutgers Law School, Newark, N. J., for appellants.

Barry H. Evenchick, Deputy Atty. Gen., Trenton, N. J. (George F. Kugler, Jr., Atty. Gen., Trenton, N. J., on the brief) for appellees.

Before FORMAN, ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

Plaintiffs, both of whom had been convicted of a violation of N.J.S.A. 2A:170-8 which prohibits the use of marijuana, in this action before a three-judge district court sought an injunction (1) against enforcement of N. J.S.A. 2A:169A-1-10, the New Jersey narcotics offender registration statute, and (2) against enforcement of N.J.S.A. 2A:170-8, the statute prohibiting use of marijuana. The complaint also sought declaratory...

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