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PHE, INC. v. STATE

No. 2003-CA-00456-SCT.

877 So.2d 1244 (2004)

PHE, INC. d/b/a Adam & Eve, Inc., ZJ Gifts, LLC d/b/a Christal's, Jim Hillegas, Mike Miller, and Jane Doe v. STATE of Mississippi and Jim Hood, in his Official Capacity as the Attorney General of the State of Mississippi.

Supreme Court of Mississippi.

March 18, 2004.

Attorney(s) appearing for the Case

Robert B. McDuff, Daniel Mach, Julie M. Carpenter, attorneys for appellants.

Harold Edward Pizzetta, III, attorney for appellees.

Before WALLER, P.J., COBB and GRAVES, JJ.

WALLER, Presiding Justice, for the Court.

¶ 1. Section 97-29-105 of the Mississippi Code provides that knowingly selling, advertising, publishing or exhibiting any three-dimensional device designed or marketed as useful primarily for the stimulation of human genitalia ("sexual devices") is illegal.1 Miss.Code Ann. § 97-29-105 (Rev.2000). PDE, Inc. d/b/a Adam & Eve, Inc., and ZJ Gifts, LLC d/b/a Christal's ("vendor plaintiffs...

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