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BRACHE v. COUNTY OF WESTCHESTER

No. 1496, Docket 81-7211.

658 F.2d 47 (1981)

Robert BRACHE and Edna Franza, Plaintiffs-Appellees, v. COUNTY OF WESTCHESTER, Alfred Delbello, Kenneth Hale, Samuel S. Yasgur, Thomas Delaney, Jerome Herlihy and Terrence Shames, Defendants, County of Westchester, Alfred Delbello, Kenneth Hale, Samuel S. Yasgur, and Thomas Delaney, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 18, 1981.

Rehearing and Rehearing Denied October 16, 1981.

Attorney(s) appearing for the Case

Jane Bilus Gould, Senior Asst. County Atty., White Plains, N.Y. (Samuel S. Yasgur, Westchester County Atty., Jonathan Lovett, Deputy County Atty., White Plains, N.Y., on brief), for defendants-appellants.

Richard Ware Levitt, New York City (Gerald B. Lefcourt, New York City, on brief), for plaintiffs-appellees.

Before KAUFMAN and NEWMAN, Circuit Judges, and GAGLIARDI, District Judge.

Rehearing and Rehearing In Banc Denied October 16, 1981.

NEWMAN, Circuit Judge:

In recent years several states and units of local government have enacted legislation to prohibit the sale of items used in connection with marijuana, cocaine, and other controlled substances. Many of the laws have encountered pre-enforcement challenges by merchants who claimed that the laws' definitions of "drug paraphernalia" were impermissibly vague in violation of the Due Process...

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