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LUBIN v. AGORA, INC.

No. 128, Sept. Term, 2003.

882 A.2d 833 (2005)

389 Md. 1

Melanie Senter LUBIN, Securities Commissioner for the State of Maryland v. AGORA, INC.

Court of Appeals of Maryland.

September 12, 2005.

Attorney(s) appearing for the Case

Julie L. Tewey, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for appellant.

Lee T. Ellis, Jr. (Bruce W. Sanford, Baker & Hostetler, LLP, Washington, DC, Matthew J. Turner, General Counsel, Agora, Inc., Baltimore, on brief), for appellee.

Peter E. Keith, Gallagher, Evelius & Jones, LLP, Baltimore, Mark J. Davis, Stephen W. Hall, Asst. General Counsels, Northern American Securities Administrators Assn., Inc., Washington, DC, Amicus Curiae.

Mary R. Craig, Towson, Amici Curiae.

Argued before BELL, C.J., RAKER, CATHELL, HARRELL, BATTAGLIA, GREENE, ELDRIDGE, JOHN C. (Retired, specially assigned) JJ.

RAKER, J.

Pursuant to an investigation into potential violations of Maryland securities laws, appellant, the Maryland Securities Commissioner, served two subpoenas duces tecum on appellee, Agora, Inc., a company whose business includes publishing investment newsletters. Following Agora's refusal to produce its subscriber lists, marketing lists, and other documents containing information identifying any of its subscribers, the Commissioner filed a motion to...

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