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RECORD HEAD CORP. v. SACHEN

Civ. A. No. 80-C-639.

498 F.Supp. 88 (1980)

RECORD HEAD CORPORATION, Plaintiff, v. Michael SACHEN, Individually and in his official capacity as Attorney for the City of West Allis, Wisconsin; Floyd Andrich, Individually and in his official capacity as Chief of Police of the City of West Allis, Wisconsin; and the following individually and in their official capacity as Aldermen and members of the Common Council of the City of West Allis, Wisconsin: John Turck, Charles Wolf, Lester Trudell, Jr., Ralph West, Steve Barczak, Richard Germershausen, Norbert Boeder, Thomas Lajsic, Fred Cashmore and James Sengstock, Defendants.

United States District Court, E. D. Wisconsin.

September 30, 1980.

Attorney(s) appearing for the Case

Paul E. Sicula, Atinsky, Kahn, Sicula & Teper, Milwaukee, Wis., for plaintiffs.

Curt R. Meitz, Asst. City Atty., West Allis, Wis., for defendants.

DECISION and ORDER

TERENCE T. EVANS, District Judge.

This action for declaratory and injunctive relief challenges the constitutionality of a recently enacted municipal ordinance. The ordinance, No. 4812, created § 6.026 of the Revised Municipal Code of West Allis. It became effective on July 30, 1980.

The ordinance prohibits the following:

§ 6.026(3) (a) It shall be unlawful for any person, firm or corporation to sell...

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