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CHERBONNIE v. KUGLER

Civ. A. Nos. 49-73 to 51-73.

359 F.Supp. 256 (1973)

Linda CHERBONNIE et al., Plaintiffs, v. George KUGLER, Individually and in his official capacity as Attorney General of the State of New Jersey, et al., Defendants. Leslie SAFAR et al., Plaintiffs, v. George KUGLER, Individually and in his official capacity as Attorney General of the State of New Jersey, et al., Defendants. STARSHOCK, INC., a New Jersey corporation, t/a "Lido", 7980 South Crescent Blvd., Pennsauken, New Jersey, Plaintiffs, v. Robert E. BOWER, Individually and as Director, Division of Alcoholic Beverage Control, New Jersey Department of Law and Public Safety, et al., Defendants.

United States District Court, D. New Jersey.

June 5, 1973.

Attorney(s) appearing for the Case

Martin Margolit, Camden, N. J., and Michael Anthony Maness, Houston, Tex., for plaintiffs.

George F. Kugler, Jr., Atty. Gen. of N. J., by Marc J. Friedman and David S. Piltzer, Deputy Attys. Gen., Thomas J. Shusted, Prosecutor of Camden County, by Mario A. Lavicoli, First Asst. Prosecutor of Camden County, for all defendants.

Before HUNTER, Circuit Judge and COOLAHAN and COHEN, District Judges.

OPINION

COHEN, District Judge.

Do the Indecency and Obscenity Statutes of New Jersey and the regulations of the New Jersey Division of Alcoholic Beverage Control (ABC), which allegedly proscribe the increasingly popular, but controversial form of barroom entertainment, "topless" dancing, infringe upon the constitutional rights of the plaintiffs? This is the issue plaintiffs seek to have resolved by this three-judge court.

Challenged is the constitutionality...

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