[Download] "New England Accessories Trade Association Inc. v. City of Nashua" by First Circuit United States Court Of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: New England Accessories Trade Association Inc. v. City of Nashua
• Author : First Circuit United States Court Of Appeals
• Release Date : January 24, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Appellants, who are the same in both cases,1 appeal two decisions of the district court upholding the constitutionality of the drug paraphernalia ordinance of the City of Nashua, New Hampshire, and New Hampshire's drug paraphernalia statute. Although the cases were heard and decided separately, they are identical in many respects. The complaints in both cases allege that the action arises under the first, fourth, eighth, and fourteenth amendments. Each complaint states, ""Plaintiffs seek prospective relief under 42 U.S.C. § 1983."" And, in both cases, plaintiffs sought preliminary and permanent injunctive relief. After holding a hearing pursuant to Federal Rule of Civil Procedure 65(a)(2), the district court, in a comprehensive opinion, rejected plaintiffs' constitutional attack on the ordinance. The case involving the state statute, which was enacted subsequent to the ordinance, was heard ten months later. The district court, relying on its opinion in the ordinance case, denied plaintiffs' request for injunctive relief.

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