N. D. D., INC. v. FACHES

No. 73-C-42-CR.

385 F.Supp. 276 (1974)

N. D. D., INC., Plaintiff, v. William G. FACHES and William R. Eads, Defendants.

United States District Court, N. D. Iowa, Cedar Rapids Division.

December 4, 1974.


Attorney(s) appearing for the Case

C. A. Frerichs and Melvin H. Wolf, Waterloo, Iowa, for plaintiff.

Thomas Horan, Asst. County Atty., Cedar Rapids, Iowa, for defendants.

Before STEPHENSON, Circuit Judge, and McMANUS and HANSON, Chief District Judges.


STEPHENSON, Circuit Judge.

On December 18, 1973 this court denied plaintiff's initial application for a preliminary injunction stating that

it is the court's view that it should abstain at this time from ruling on the constitutionality of [Iowa Code] Chapter 99 as it purports to regulate motion picture films pending the final state court decision on the same issue which might render a decision by this court unnecessary.

In the instant motion, filed...

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