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HIGH OL' TIMES, INC. v. BUSBEE

No. 81-7019.

673 F.2d 1225 (1982)

HIGH OL' TIMES, INC., Atlantis Distributing Inc., et al., Plaintiffs-Appellees, v. George BUSBEE, Governor of Georgia, Arthur K. Bolton, Attorney General of Georgia, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 23, 1982.

Attorney(s) appearing for the Case

W. Bruce Maloy, Reber Boult, Atlanta, Ga., for plaintiffs-appellees.

Laughlin McDonald, Atlanta, Ga., for amicus curiae American Civ. Liberties Union, Southern Regional Office.

George Weaver, Atlanta, Ga., for H. McAuliffe.

Daryl Robinson, G. Stephen Parker, Atlanta, Ga., George Dillard, County Atty., DeKalb County, Decatur, Ga., for Busbee, Bolton, McAuliffe and Johnston.

Before THORNBERRY, FAY and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

This appeal involves a pre-enforcement challenge to the constitutionality of two Georgia "head shop" laws, Ga.Code §§ 79A-811.1 (1980) and 79A-811.1 (1978) (repealed 1980). Appellants are local and state officials charged with enforcing and executing the laws of Georgia. Appellees (hereinafter Georgia Merchants), are wholesale distributors to and retail merchants of small shops selling...

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