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INFORMATION MGT., ETC. v. BOROUGH OF PLEASANT HILLS

Civ. A. No. 80-1613.

512 F.Supp. 1066 (1981)

INFORMATION MANAGEMENT SERVICES, INC., a Pennsylvania corporation trading and doing business as The Sound Wave, Plaintiff, v. The BOROUGH OF PLEASANT HILLS, a political corporation and subdivision, and the Members of the Borough Council of the Borough of Pleasant Hills, Warren F. Bourgeois, Jerry Koechel, W. Fred Mooney, Lewis A. Ondis II, William F. Steffen, Russell E. Webb, Norma K. Wright, President, individually and collectively, and the Mayor of the Borough of Pleasant Hills, Eldon D. Snyder, an individual and the Chief of Police of the Borough of Pleasant Hills, Stanley A. Smith, an individual, Defendants.

United States District Court, W. D. Pennsylvania.

April 23, 1981.

Attorney(s) appearing for the Case

Donald T. Dulac, Jr., McClure & Watkins, Pittsburgh, Pa., for plaintiff.

Henry E. Rea, Jr., Brandt, Milnes, Rea & Malone, Pittsburgh, Pa., for defendants.

OPINION

TEITELBAUM, District Judge.

The matter sub judice represents another in the nationwide series of challenges to "drug paraphernalia" legislation. The instant case challenges a municipal ordinance, Ordinance No. 571 (hereinafter sometimes Ordinance), enacted on October 15, 1980 by the Borough of Pleasant Hills, Pennsylvania1. This litigation was begun by the plaintiff as the operator of a novelty store in Pleasant...

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