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MUSIC PLUS v. BAKER

Docket No. 59841.

125 Cal.App.3d 819 (1981)

178 Cal. Rptr. 415

MUSIC PLUS, Plaintiff and Respondent, v. DUANE BAKER, as Chief of Police, etc., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

November 18, 1981.

Attorney(s) appearing for the Case

COUNSEL

Frank R. Manzano, City Attorney, and Dennis H. Schuck, Assistant City Attorney, for Defendants and Appellants.

Todd & Siegel and John Sanford Todd, City Attorney (Lakewood), as Amici Curiae on behalf of Defendants and Appellants.

Caton & Glazer, Gilbert C. Caton, Luke McKissack, Glassman & Browning, Anthony Michael Glassman, Jane D. Saltsman and Frederic M. Smith for Plaintiff and Respondent.

MEMORANDUM CASE

OPINION

ASHBY, J.

The City of Glendale appeals from a judgment declaring that Glendale Ordinance No. 4439 is unconstitutional and permanently enjoining its enforcement.

The ordinance in question regulates the display to minors of drug paraphernalia for sale. In pertinent part it states: "No owner, manager, proprietor, or other person in charge of any room in any place of business selling...

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