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M.S. NEWS CO. v. CASADO

No. 80-2093.

721 F.2d 1281 (1983)

M.S. NEWS COMPANY a Kansas corporation, Plaintiff-Appellant, v. Antonio CASADO, Mayor of the City of Wichita, Kansas; Robert C. Brown, Robert Knight, Gary Porter, and Connie Peters, members of the Board of Commissioners of the City of Wichita, Kansas, Richard LaMunyon, Chief of Police of the City of Wichita, Kansas, and John Dekker, City Attorney for the City of Wichita, Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing and Rehearing Denied December 23, 1983.

Attorney(s) appearing for the Case

Robert C. Brown of Smith, Shay, Farmer & Wetta, Wichita, Kan. (Jack Focht, Wichita, Kan., was also on brief), for plaintiff-appellant.

Stanley A. Issinghoff, Wichita, Kan. (Thomas R. Powell, Wichita, Kan., was also on brief), for defendants-appellees.

Robert T. Stephan, Atty. Gen. of Kan., and Thomas D. Haney, Deputy Atty. Gen. of Kan., Topeka, Kan., filed a brief for the State of Kan. as amicus curiae in support of defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 23, 1983.

HOLLOWAY, Circuit Judge.

Plaintiff M.S. News Company (News), is a wholesale and retail distributor of periodicals and publications in Wichita, Kansas.1 It appeals from dismissal of its action for injunctive and declaratory relief against enforcement of a portion of a Wichita ordinance. The ordinance, Number 36-172, amended sections 5.68.150 and 5.68.155 of the Code of the...

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