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NEW YORK NEWS, INC. v. METROPOLITAN TRANSP. AUTHORITY

No. 90 Civ. 7674 (MGC).

753 F.Supp. 133 (1990)

NEW YORK NEWS, INC., Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY, New York City Transit Authority and Robert Kiley, Chairman of the Metropolitan Transportation Authority, Defendants, and Ron Reale, as President of the Police Benevolent Association, New York City Transit Police Department, and Local 100, Transport Workers Union of America, AFL-CIO, Intervenors.

United States District Court, S.D. New York.

December 18, 1990.

Attorney(s) appearing for the Case

Coudert Brothers by Kevin W. Goering, and Wachtell, Lipton, Rosen & Katz, New York City by Herbert M. Wachtell, Norman Redlich, Mark Wolinsky, John F. Savarese, Ralph M. Levene, Scott E. Eckas, for plaintiff.

Susan E. Weiner, Deputy Gen. Counsel, Richard K. Bernard, Acting Gen. Counsel, Metropolitan Transp. Authority, New York City (Florence Dean, Maureen Grady, of counsel), for defendants.

Agulnick & Gogel, New York City by William A. Gogel, for intervenor Ron Reale.

O'Donnell & Schwartz, New York City by David B. Rosen, Carl Rachlin, for intervenor Local 100.

New York Civil Liberties Union Foundation, New York City by Norman Siegel, Arthur Eisenberg, Earl Ward, for amicus curiae.

OPINION AND ORDER

CEDARBAUM, District Judge.

The question presented by this motion for a preliminary injunction is whether plaintiff is likely to succeed at trial in showing that by revoking permits for the sale of The Daily News by direct sellers ("hawkers") because of threatened unlawful conduct, defendants abridged plaintiff's freedom of speech and of the press in violation of the First and Fourteenth...

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