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SHIPLEY, INC. v. LONG

No. 4:03CV00481GTE.

454 F.Supp.2d 819 (2004)

SHIPLEY, INC., d/b/a That Bookstore in Blytheville; Arkansas Library Association; American Booksellers Foundation for Free Expression, Inc.; Association of American Publishers, Inc.; Comic Book Legal Defense Fund; Freedom to Read Foundation, Inc.; International Periodical Distributors Association, Inc.; American Civil Liberties Union of Arkansas, Inc., Plaintiffs v. Fletcher LONG, Jr., District One Prosecuting Attorney; Brent Davis, District Two Prosecuting Attorney; Henry Boyce, District Three Prosecuting Attorney; Terry Jones, District Four Prosecuting Attorney; David Gibbons, District Five Prosecuting Attorney; Larry Jegley, District Six Prosecuting Attorney; ED Easley, District Seven Prosecuting Attorney; WM. Randal Wright, District Eight-North Prosecuting Attorney; Brent Haltom, District Eight South Prosecuting Attorney; Henry Morgan, District Nine-East Prosecuting Attorney; Tom Cooper, District Nine-West Prosecuting Attorney; Robert Dittrich, District Eleven-East Prosecuting Attorney; Steve Dairymple, District Eleven-West Prosecuting Attorney; Steve Tabor, District Twelve Prosecuting Attorney; Jamie Pratt, District Thirteen Prosecuting Attorney; Ron Kincade, District Fourteen Prosecuting Attorney; Tom Tatum, II, District Fifteen Prosecuting Attorney; Don Mcspadden, District Sixteen Prosecuting Attorney; Chris Raff, District Seventeen Prosecuting Attorney; Steven D. Oliver, District Eighteen-East Prosecuting Attorney; Tim Williamson, District Eighteen-West. Prosecuting Attorney; Tony "Rogers, District Nineteen-East Prosecuting Attorney, Bob Balfe, District Nineteen-West Prosecuting Attorney; H.G. Foster, District Twenty Prosecuting Attorney; Marc Mccune, District Twenty-One Prosecuting Attorney; Robert Herzfelf, District Twenty-Two Prosecuting Attorney; and Lona Horn Mccastlain, District Twenty-Three Prosecuting Attorney, in their official capacities as Prosecuting Attorneys, Defendants

United States District Court, E.D. Arkansas, Western Division.

November 16, 2004.

Attorney(s) appearing for the Case

John L. Burnett, Esq., Lavey & Burnett, Little Rock, AR, Michael A. Bamberger, Esq., Sonnenschein Nath & Rosenthal LLP, New York City, for Plaintiffs.

Timothy Gerard Gauger, Esq., Arkansas Attorney General's Office, Little Rock, AR, for Defendants.

MEMORANDUM OPINION AND FINAL ORDER

EISELE, District Judge.

In its "Memorandum Opinion and Certification Order" of February 4, 2004, this Court moved the Arkansas Supreme Court, pursuant to its recently enacted Ark. Sup.Ct. R. 6-8 (2004), to answer four (4) questions of law and for cause stated that "this case presents unresolved questions of Arkansas law which are likely to be outcome determinative of this pending federal cause of action." In its thirty...

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