Legal Opinion · Dissent

Century 21 Shows, Inc. v. State of Iowa

District Court, S.D. Iowa

Decided August 12, 1972No. Civ. 72-179-2Published

1DissentHanson, Chief District Judge

The Court today has decided to withhold the exercise of its jurisdiction until the Supreme Court of Iowa has finally determined the underlying State issues in this cause. I believe the use of the doctrine of abstention in this instance is untenable, improvident and unconscionable.

The sole question before this Court at this juncture is whether Richard Turner, Attorney General of Iowa, should be temporarily enjoined from enforcing against the plaintiffs 1 Iowa Code, Sections 726.1 & .3 with respect to certain carnival games outlined in the Complaint. Plaintiffs allege that certain parts of the…

2Cases cited27 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  3. Zwickler v. KootaSupreme Court of the United States · 1967
  4. England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
  5. Baggett v. BullittSupreme Court of the United States · 1964

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