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HEJIRA CORP. v. MacFARLANE

No. 80-2062.

660 F.2d 1356 (1981)

HEJIRA CORPORATION, d/b/a Budget Records & Tapes, Inc., et al., Plaintiffs-Appellees, v. J. D. MacFARLANE, in his official capacity only as Attorney General, State of Colorado, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 5, 1981.

Rehearing Denied June 1, 1981.

Attorney(s) appearing for the Case

David K. Rees, Asst. Atty. Gen., Denver, Colo. (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., J. Stephen Phillips, First Asst. Atty. Gen., Denver, Colo., with him on the brief), for defendants-appellants.

Arthur M. Schwartz, Arthur M. Schwartz, P. C., Denver, Colo. (Bradley J. Reich, Arthur M. Schwartz, P. C., Denver, Colo., with him on the brief), for plaintiffs-appellees.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This declaratory action was instituted by a number of dealers in drug paraphernalia. They sought a judgment declaring the Colorado Drug Paraphernalia Act invalid — in violation of the Constitution of the United States.

House Bill No. 1190 became law on or about July 1, 1980. Five days before this date (when House Bill No. 1190 was to become effective) the plaintiffs, all of...

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