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WEILER v. CARPENTER

Civ. No. 80-637-JB.

507 F.Supp. 837 (1981)

Robert Forrest WEILER, d/b/a Pot Luck I, Plaintiff, v. Cleo CARPENTER, Jay R. Dickenson, Eddie Fowler, Tom Harden, Gordon Roswell and Pat Sandoval, Commissioners of the City of Clovis; Frank A. Murray, Jr., Mayor of the City of Clovis; and Nelson Worley, Chief of Police for the City of Clovis, Defendants.

United States District Court, D. New Mexico.

February 11, 1981.

Attorney(s) appearing for the Case

Freedman, Boyd & Daniels, Nancy Hollander, Albuquerque, N. M., for plaintiff.

Harry L. Patton, City Atty., City of Clovis, Clovis, N. M., for defendants.

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS ACTION for declaratory relief is brought pursuant to 28 U.S.C. § 2201 and § 2202. At issue is the constitutionality of an ordinance enacted by the City of Clovis regarding drug paraphernalia. Plaintiff Robert Weiler, doing business as Pot Luck I [hereinafter Pot Luck I], has leveled serious constitutional challenges to the ordinance asserting, in part, that the ordinance violates the First...

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