GENERAL STORES, INC. v. BINGAMAN

No. 81-1681.

695 F.2d 502 (1982)

The GENERAL STORES, INC., et al., Plaintiffs-Appellants, v. Jeff BINGAMAN, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 15, 1982.


Attorney(s) appearing for the Case

Nancy Hollander, Freedman, Boyd & Daniels, Albuquerque, N.M., for plaintiffs-appellants.

Jill Z. Cooper, Deputy Atty. Gen., Santa Fe, N.M. (Jeff Bingaman, Atty. Gen., Santa Fe, N.M., with her on the brief), for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Presented herein is an attack upon the Drug Paraphernalia Act adopted by the New Mexico legislature. The contentions are that this statute is unconstitutional due, for the most part, to its vagueness and overbreadth. Not only was the judgment of unconstitutionality requested, but also a request for temporary and permanent injunction plus attorneys' fees. All of this relief was denied by the United States District Court for the District...

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