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KANSAS RETAIL TRADE CO-OP. v. STEPHAN

No. 81-2162.

695 F.2d 1343 (1982)

KANSAS RETAIL TRADE COOPERATIVE, et al., Appellants, v. Robert T. STEPHAN, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

December 15, 1982.

Attorney(s) appearing for the Case

James M. Smith, Denver, Colo., for appellants.

James E. Flory, Deputy Atty. Gen., Topeka, Kan. and Neil R. Shortlidge, First Asst. City Atty., Overland Park, Kan. (Robert T. Stephan, Atty. Gen. of Kansas, Topeka, Kan., and Phillip L. Harris, City Atty. and James L. Robinson, Asst. City Atty., Overland Park, Kan., with them on the brief), for appellees.

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

DOYLE, Circuit Judge.

This is a drug paraphernalia case between the plaintiffs, a trade cooperative of manufacturers, distributors and retailers of merchandise which is mainly drug paraphernalia. The law in Kansas is very nearly identical to the Model Act. The statute, H.B. 2020, regulates and controls the use and distribution of this drug paraphernalia. Named as defendants herein are the Kansas Attorney General, State's Attorney and the Chief of Police in each county...

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