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PROVIDENCE JOURNAL CO. v. CITY OF NEWPORT

Civ. A. No. 86-0320-P.

665 F.Supp. 107 (1987)

PROVIDENCE JOURNAL COMPANY, the Edward A. Sherman Publishing Company, the New York Times Company, Dow Jones & Company, and Gannett Satellite Information Network, Inc. v. CITY OF NEWPORT.

United States District Court, D. Rhode Island.

June 12, 1987.

Attorney(s) appearing for the Case

John H. Blish and Joseph V. Cavanagh, Jr., Providence, R.I., for plaintiffs.

MaryJo Carr and Joseph J. Nicholson, Jr., City Solicitor's Office, City of Newport, Newport, R.I., for defendant.

OPINION AND ORDER

PETTINE, Senior District Judge.

The question presented by this case is whether a municipality may ban the placement of coin-operated newspaper vending machines, known as newsracks, upon its public rights of way. The plaintiffs, five newspaper publishers, have brought suit under 42 U.S.C. sections 1983 and 1988 seeking declaratory and injunctive relief against the city of Newport, Rhode Island, which recently enacted such a ban. The jurisdiction...

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