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ADULT VIDEO ASS'N v. BARR

No. 90-55252.

960 F.2d 781 (1992)

ADULT VIDEO ASSOCIATION, Doe, Inc., Roe, Inc., Paul Poe, Plaintiffs-Appellants, v. William BARR, Attorney General of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1992.

As Amended June 18, 1992.

Attorney(s) appearing for the Case

John H. Weston, G. Randall Garrou, Clyde F. DeWitt and Cathy E. Crosson, Weston, Sarno, Garrou & DeWitt, Beverly Hills, Cal., for plaintiffs-appellants.

Stan Blumenfeld, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee.

Before: TANG, REINHARDT and WIGGINS, Circuit Judges.

TANG, Circuit Judge:

Adult Video Association, Doe, Inc., Roe, Inc., and Paul Poe filed an action seeking a declaration that the federal Racketeer Influenced and Corrupt Organizations Act's ("RICO") criminal provisions are facially unconstitutional when enforced against obscenity offenses. The district court granted the government's motion to dismiss for failure to state a claim. The plaintiffs appeal only the district court's dismissal of their First Amendment challenge...

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