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WV ASS'N OF CLUB OWNERS & FRAT. SERVS. v. MUSGRAVE

Civil Action No. 2:07-cv-00122.

512 F.Supp.2d 424 (2007)

WV ASSOCIATION OF CLUB OWNERS AND FRATERNAL SERVICES, INC., Plaintiff, v. John C. MUSGRAVE, in his official capacity as Director of the State Lottery, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

September 28, 2007.

Attorney(s) appearing for the Case

Roger D. Forman, Forman & Huber, Terri S. Baur, ACLU of West Virginia Foundation, Charleston, WV, for Plaintiff.

Andrew M. Fenway Pollack, Katherine A. Schultz, Office of the Attorney General, Barbara H. Allen, Attorney General's Office, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the plaintiffs Motion for a Preliminary Injunction [Docket 2]. The issue presented is whether the ban on limited video lottery advertising imposed by the Limited Video Lottery Act violates the plaintiff's First Amendment right to freedom of speech. As a doctrinal matter, the advertising ban does not directly and materially...

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