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TOBACCO ACCESSORIES, ETC. v. TREEN

No. 80-3854.

681 F.2d 378 (1982)

TOBACCO ACCESSORIES AND NOVELTY CRAFTSMEN MERCHANTS ASSOCIATION OF LOUISIANA, et al., Plaintiffs-Appellants, v. David C. TREEN, as Governor of Louisiana, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 29, 1982.

Attorney(s) appearing for the Case

William E. Rittenberg, New Orleans, La., Peter Meyers, Washington, D. C., Frederick J. King, Jr., New Orleans, La., for plaintiffs-appellants.

Laughlin McDonald, Atlanta, Ga., for amicus curiae — American Civil Liberties Union.

Kendall L. Vick, Asst. Atty. Gen., Paul A. Eckert, Staff Atty., New Orleans, La., for defendants-appellees.

Before COLEMAN, POLITZ and GARWOOD, Circuit Judges.

POLITZ, Circuit Judge:

This case presents a pre-enforcement facial challenge to the constitutionality of Louisiana's Drug Paraphernalia Law, La.R.S. 40:1031-36 (Louisiana Act). Invoking 42 U.S.C. §§ 1983, 1985 and 28 U.S.C. §§ 2201 and 2202, plaintiffs1 charge that the Louisiana Act is vague and overbroad, not rationally related to a legitimate state interest and infringes on first amendment guarantees. The district...

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