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GABRIEL v. TOWN OF OLD ORCHARD BEACH

390 A.2d 1065 (1978)

Richard GABRIEL v. TOWN OF OLD ORCHARD BEACH, Maine and Richard P. Marshall, Leslie E. Wyman, Timothy Tucker, William Murphy, Joseph Mokarzel and Richard Lumb, Chief of Police.

Supreme Judicial Court of Maine.

August 21, 1978.

Attorney(s) appearing for the Case

Reef & Mooers by Daniel W. Mooers (orally), Norman S. Reef, Portland, for plaintiff.

Bernstein, Shur, Sawyer & Nelson by F. Paul Frinsko, Portland (orally), for defendant.

Before McKUSICK, C. J., and WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

ARCHIBALD, Justice.

This case is on report on an agreed statement of facts pursuant to Rule 72(b), M.R. Civ.P. The question of law presented is whether an Old Orchard Beach ordinance entitled "Ordinance Controlling Nudity in Licensed Businesses"1 is a valid exercise of that town's police power under the Maine and United States Constitutions.

The agreed statement of facts provides in part as follows. Richard Gabriel is the owner...

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