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DUGAL v. HYDER

No. CIV 79-41 PHX WEC.

467 F.Supp. 1119 (1979)

Eleanore DUGAL, Cheryl Jordan, William Little and Michael Stover, Plaintiffs, v. Charles HYDER as the County Attorney of Maricopa County, Arizona, Defendant.

United States District Court, D. Arizona.

April 5, 1979.

Attorney(s) appearing for the Case

Richard J. Hertzberg, Phoenix, Ariz., for plaintiffs.

OPINION AND ORDER

CRAIG, Chief Judge.

Plaintiffs, operators and employees of "adult bookstores" in Maricopa County, Arizona, seek a permanent injunction to restrain the defendant from enforcing the Arizona Obscenity Statute, A.R.S. § 13-3501 et seq. Plaintiffs have alleged that the scienter requirement set forth in A.R.S. § 13-3501(4) is violative of the First and Fourteenth Amendments of the United States Constitution in that it places an unconstitutional...

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