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RECORD REVOLUTION NO. 6, INC. v. CITY OF PARMA

Nos. 80-3308, 80-3352 and 80-3353.

638 F.2d 916 (1980)

RECORD REVOLUTION NO. 6, INC., Plaintiff-Appellant, v. The CITY OF PARMA et al., Defendant-Appellee, (80-3308). Alexander J. LUKA d/b/a Daystar Boutique, Plaintiff-Appellant, v. The CITY OF LAKEWOOD et al., Defendant-Appellee, (80-3352). The RIGHT PLACE, INC., Plaintiff-Appellant, v. The CITY OF NORTH OLMSTED, OHIO et al., Defendant-Appellee, (80-3353).

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Fred P. Schwartz and Armond D. Budisch, Cleveland, Ohio, for plaintiff-appellant in Nos. 80-3352 and 80-3308.

Anthony Glassman, Glassman & Browning, Inc., Beverly Hills, Cal., for amicus curiae.

William E. Blackie, Lakewood, Ohio, for defendant-appellee in No. 80-3352.

David C. Weiner and Eric Zagrams, Hahn, Loeser, Freedheim, Dean & Wellman, Cleveland, Ohio, for plaintiff-appellant in Nos. 80-3353 and 80-3308.

Dan Ryan, North Olmsted, Ohio, for defendant-appellee in No. 80-3353.

Andrew Boyko, Stephen P. Bond, Parma, Ohio, for defendant-appellee in No. 80-3308.

Before EDWARDS, Chief Circuit Judge, and BOYCE F. MARTIN, Jr., and JONES, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Business owners in the cities of Parma, Lakewood, and North Olmsted, Ohio have challenged the constitutionality of ordinances prohibiting the use, sale and manufacture of "drug paraphernalia."1 The district court, in a very thoughtful and well written opinion, sustained the constitutionality of the ordinances after severing certain phrases and construing the meaning or scope of other language. Being convinced...

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