DELAWARE ACCESSORIES TRADE ASS'N v. GEBELEIN

Civ. A. No. 80-285.

497 F.Supp. 289 (1980)

DELAWARE ACCESSORIES TRADE ASSOCIATION, an unincorporated association; and Robert Croft and Larry M. Fenza, trading as Wonderland Records; Double Diamond Enterprises, Inc., a Delaware Corporation doing business as Village Records; Robert J. Brennan, trading as Highway Head Shop; and Robert C. Dicriscio, trading as Dealers Choice, Plaintiffs, v. Richard S. GEBELEIN, Esquire, Attorney General of the State of Delaware, Defendant.

United States District Court, D. Delaware.

August 15, 1980.


Attorney(s) appearing for the Case

Carl Schnee, David E. Brand and Susan C. DelPesco of Schnee & Castle, Wilmington, Del., for plaintiffs.

Charles M. Oberly, III, Asst. State Pros., Dept. of Justice, Wilmington, Del., for defendant.


OPINION

STAPLETON, District Judge:

On June 3, 1980, the Delaware Legislature passed House Bill 673, entitled "An Act to Amend Chapter 47, Part IV, Title 16 of the Delaware Code Relating to the Uniform Controlled Substances Act; And Providing for Prohibitions Against the Possession, Manufacture or Delivery of Drug Paraphernalia" ("the Act"), relevant portions of which are reproduced in the Appendix to this Opinion. Three days later, plaintiffs, an association...

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