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STOIANOFF v. STATE OF MONT.

Nos. 82-3010, 82-3024.

695 F.2d 1214 (1983)

William STOIANOFF d/b/a The Joint Effort, Plaintiff-Appellant/Cross-Appellee, v. STATE OF MONTANA, et al., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 7, 1983.

Attorney(s) appearing for the Case

Deirdre Boggs, Missoula, Mont., for Stoianoff.

Christian D. Tweeten, Asst. Atty. Gen., Helena, Mont., for State of Mont.

Before BROWNING, TUTTLE, and REINHARDT, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal involves a pre-enforcement facial challenge to the constitutionality of the Montana Drug Paraphernalia statute, M.C.A. §§ 45-10-101 et seq. The district court for the District of Montana found unconstitutional that portion of the "head shop" statute prohibiting the advertising of drug paraphernalia and upheld the constitutionality of the remainder of this statute. We vacate that portion of the district court's decision...

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