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RUSHIA v. TOWN OF ASHBURNHAM

Civ. A. No. 82-1714-S.

582 F.Supp. 900 (1983)

Wilfred E. RUSHIA, Plaintiff, v. TOWN OF ASHBURNHAM, et al., Defendants.

United States District Court, D. Massachusetts.

April 4, 1983.

Attorney(s) appearing for the Case

Darragh K. Kasakoff, Seder & Seder, Worcester, Mass., for plaintiff.

Timothy Hillman, Fitchburg, Mass., for defendants.

MEMORANDUM AND ORDER

SKINNER, District Judge.

Plaintiff brings this action for declaratory and injunctive relief against the enforcement of an Ashburnham, Massachusetts bylaw which forbids the sale or display to minors of indecent publications. (Appendix, "Public Display Minors Law"). Plaintiff operates Bill's Pharmacy, Inc. in Ashburnham in which he displays and sells various magazines. He challenges the bylaw on the grounds that it is inconsistent with...

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