Legal Opinion

High Ol' Times, Inc. v. George Busbee, Governor of Georgia

Court of Appeals for the Fifth Circuit

Decided July 9, 1980No. 78-2192PublishedCited by 58 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

This appeal 1 arises from a multifarious challenge to the constitutionality of two newly-enacted Georgia statutes which purport to proscribe the sale, exchange or offer of so-called drug paraphernalia. Appellants’ motion for a temporary restraining order was denied and the district court abstained from reviewing the statutes, finding that an authoritative interpretation by the Georgia Supreme Court might clarify any vagueness and render constitutional adjudication unnecessary. In so doing, the court abused its discretion; we therefore reverse and remand with directions…

2Cases cited19 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. Steffel v. ThompsonSupreme Court of the United States · 1974
  4. Zwickler v. KootaSupreme Court of the United States · 1967
  5. Poe v. UllmanSupreme Court of the United States · 1961

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3Cited by58 opinions

  1. Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of FloridaCourt of Appeals for the Eleventh Circuit · 1983
  2. Elizabeth B. Duncan v. David B. PoythressCourt of Appeals for the Fifth Circuit · 1981
  3. Madalyn Murray O'Hair and Society of Separationists, Inc. v. Mark WhiteCourt of Appeals for the Fifth Circuit · 1982
  4. Record Revolution No. 6, Inc. v. City of ParmaCourt of Appeals for the Sixth Circuit · 1980
  5. High Ol' Times, Inc. v. BusbeeCourt of Appeals for the Eleventh Circuit · 1982

53 more not listed; retrieve them via the Exa API.

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