NOVA RECORDS, INC. v. SENDAK

No. 81-1107.

706 F.2d 782 (1983)

NOVA RECORDS, INC., an Indiana corporation, et al., Plaintiffs-Appellants, v. Theodore L. SENDAK, Individually and in his official capacity as Attorney General of the State of Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing and Rehearing Denied May 26, 1983.

As Amended April 15, 1983.


Attorney(s) appearing for the Case

Michael L. Pritzker, Stroup, Goldstein, Jenkins & Pritzker, Chicago, Ill., for plaintiffs-appellants.

David Michael Wallman, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before PELL and CUDAHY, Circuit Judges, and BARTELS, Senior District Judge.


Rehearing and Rehearing En Banc Denied May 26, 1983.

PELL, Circuit Judge.

The plaintiffs, who are Indiana tobacco and snuff accessories retailers, appeal from the district court's decision, following a full hearing, that Indiana's drug paraphernalia statute is facially constitutional. The primary issue on appeal is whether the statute is violative of due process because of its alleged vagueness. The appellants also claim that the statute is violative of the...

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