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U. S. MARKETING, INC. v. LEROY

No. 81-1282.

524 F.Supp. 1277 (1981)

U. S. MARKETING, INC., an Idaho Corporation and Niks and Naks Adult Bookstore, Plaintiffs, v. The Honorable David LEROY, as Attorney General of the State of Idaho in his representative capacity only; James Harris, Ada County Prosecuting Attorney, in his representative capacity only; and The Honorable W. E. Smith, District Judge of the Fourth Judicial District of the State of Idaho in and for the County of Ada, in his representative capacity only, Defendants, and James L. Titmus, Sr., private citizen and resident of Ada County, Idaho, Intervenor and New Party Defendant.

United States District Court, D. Idaho.

October 30, 1981.

Attorney(s) appearing for the Case

David W. Cantrill, Cantrill & Skinner, William Tway and Anton Holder, Tway & Tway, Boise, Idaho, for plaintiffs.

Lynn Thomas, Sol. Gen., Scott Campbell, Asst. Ada County Prosecuting Atty., Boise, Idaho, for defendants.

Gordon S. Nielson, Nielson & McAllister, Boise, Idaho, Bruce A. Taylor, Citizens for Decency through Law, Phoenix, Ariz., for intervenor, James Titmus, Sr.

MEMORANDUM OF OPINION AND ORDER OF DISMISSAL

RAY McNICHOLS, District Judge.

FINDINGS OF FACT

On August 20, 1981, plaintiffs filed a complaint with this court requesting that the Idaho Moral Nuisance Abatement Act, Idaho Code §§ 52-401 et seq., be declared unconstitutional, and that defendants be enjoined from further enforcement of said Act. The action was brought pursuant to 42 U.S.C. § 1983, 28 U.S.C. § 2201 and Fed...

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