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CASBAH, INC. v. THONE

Civ. No. 80-0-271.

512 F.Supp. 474 (1980)

The CASBAH, INC.; the Disco-Counter, Inc.; Jeffrey Ferber, d/b/a H. & D. Sales; Gregory Hasselhorst, d/b/a Euphoria; Eric Listou, d/b/a Joint Venture Novelty Shop; Pipe Dream, Inc.; and Dennis Robinson, d/b/a The Joynt, Plaintiffs, v. Charles THONE, Governor of the State of Nebraska; Paul Douglas, Attorney General for the State of Nebraska; Elmer Kohmepsher, Colonel in Charge of the Nebraska State Patrol; and Donald L. Knowles, County Attorney for Douglas County, Nebraska, Defendants.

United States District Court, D. Nebraska.

September 26, 1980.

Attorney(s) appearing for the Case

Donald B. Fiedler, Omaha, Neb., for plaintiffs.

Steven E. Achelphol, Omaha, Neb., Patrick O'Brien, Asst. Atty. Gen., Lincoln, Neb., Henry Wendt, Asst. County Atty., Omaha, Neb., for defendants.

MEMORANDUM

RICHARD E. ROBINSON, Senior District Judge.

In this action, the plaintiffs challenge the constitutionality of L.B.991, a Nebraska statute regulating the use, distribution and advertisement of "drug paraphernalia." In their verified complaint, the plaintiffs seek declaratory and injunctive relief. The Court has jurisdiction under 28 U.S.C. §§ 1331, 1343, 2201 and 2202.1 This Memorandum constitutes the Court...

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