Legal Opinion
New England Accessories Trade Association, Inc. v. James E. Tierney
Court of Appeals for the First Circuit
Decided September 28, 1982No. 81-1886PublishedCited by 20 opinions
1Opinion of the Court
BOWNES, Circuit Judge.
Challenged here is the facial validity of portions of the Maine Drug Paraphernalia Act, Me.Rev.Stat.Ann.tit. 17A, § 1111-A, an act patterned on the Drug Enforcement Administration’s Model Drug Paraphernalia Act. The district court struck subsection 3(F) of the act, but concluded the act was otherwise facially valid. Plaintiffs, a trade association, wholesalers, and retailers subject to the act, have appealed. The Maine Act is set forth in the appendix to this opinion.
Plaintiffs, pointing to the definitional section (subsection 1 of the Maine Act) which does not expressly…
2Cases cited11 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Levas and Levas, D/B/A Levas T-Shirts v. Village of Antioch, IllinoisCourt of Appeals for the Seventh Circuit · 1982
- Record Revolution No. 6, Inc. v. City of ParmaCourt of Appeals for the Sixth Circuit · 1980
- Florida Businessmen for Free Enterprise v. City of HollywoodCourt of Appeals for the Eleventh Circuit · 1982
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3Cited by20 opinions
- Town Tobacconist v. KimmelmanSupreme Court of New Jersey · 1983
- William Stoianoff D/B/A the Joint Effort, Plaintiff-Appellant/cross-Appellee v. State of Montana, Defendants-Appellees/cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
- State v. NewmanIdaho Supreme Court · 1985
- United States v. William T. WuligerCourt of Appeals for the Sixth Circuit · 1992
- State v. DunnSupreme Court of Kansas · 1983
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