HIGH OL' TIMES, INC. v. BUSBEE

No. 78-2192.

621 F.2d 135 (1980)

HIGH OL' TIMES, INC., et al., Plaintiffs-Appellants, v. George BUSBEE, Governor of Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 9, 1980.


Attorney(s) appearing for the Case

Reber Boult, Atlanta, Ga., for plaintiffs-appellants.

Arthur K. Bolton, Atty. Gen., Robert Stubbs, II, Atlanta, Ga., George P. Dillard, Decatur, Ga., for George Busbee, Arthur Bolton, Hinson McAuliffe, Thomas Charran, Herbert Rivers & Robert T. Johnston.

County Atty., Decatur, Ga., John C. Walden, G. Stephen Parker, Asst. Attys. Gen., Daryl A. Robinson, Staff Asst. Atty. Gen., Atlanta, Ga., for John R. Thompson & Randall Peek.

Before INGRAHAM, RONEY and THOMAS A. CLARK, Circuit Judges.


INGRAHAM, Circuit Judge:

This appeal1 arises from a multifarious challenge to the constitutionality of two newly-enacted Georgia statutes which purport to proscribe the sale, exchange or offer of so-called drug paraphernalia. Appellants' motion for a temporary restraining order was denied and the district court abstained from reviewing the statutes, finding that an authoritative interpretation by the Georgia Supreme Court might clarify...

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