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KUCHAREK v. HANAWAY

No. 89-2885.

902 F.2d 513 (1990)

William H. KUCHAREK; Shangri-La Enterprises, Inc., doing business as Denmark Bookstore; and Paradise One, Inc., doing business as Paradise Video Store, Plaintiffs-Appellees, v. Donald HANAWAY, Attorney General of Wisconsin, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1990.

Rehearing and Rehearing Denied July 12, 1990.

Attorney(s) appearing for the Case

Stephen M. Glynn, James A. Walrath, Shellow, Shellow & Glynn, Milwaukee, Wis., for plaintiffs-appellees.

Thomas Balistreri, Asst. Atty. Gen., Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis., for defendant-appellant.

James P. Mueller, Phoenix, Ariz., for amicus curiae.

Before POSNER and EASTERBROOK, Circuit Judges, and MOODY, District Judge.

Rehearing and Rehearing En Banc Denied July 12, 1990.

POSNER, Circuit Judge.

The Attorney General of Wisconsin appeals from an order declaring — at the behest of several purveyors of sexually explicit books, magazines, and videotapes — Wisconsin's obscenity statute unconstitutional, and enjoining its enforcement. 714 F.Supp. 1499 (E.D.Wis.1989). The statute, Wis.Stat. § 944.21, was enacted in 1988, after...

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