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SINN v. THE DAILY NEBRASKAN

No. 86-1927.

829 F.2d 662 (1987)

Michael SINN, an individual, and Pam Pearn, an individual, Appellants, v. THE DAILY NEBRASKAN, a State Operated Newspaper; Donald Fricke; Kermit Hansen; Nancy Hoch; Robert Koefoot; James Moylan; John Payne; Margaret Robinson and Robert Simmons, in their official capacity as members of the Board of Regents of the University of Nebraska; Joe Thomsen; Mike Honerman; Jenelle Bishof; Melissa Wythers; John Hilgert; Dan Bernstein, Al Pagel; Don Gillen and Bill Dobler, in their capacity as members of the University of Nebraska-Lincoln Publications Committee; and Daniel Shattil, in his capacity as General Manager of The Daily Nebraskan, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1987.

Attorney(s) appearing for the Case

Jerry Soucie, Lincoln, Neb., for appellants.

John C. Wiltse, Lincoln, Neb., for appellees.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

In this case we review a ruling by the district court1 that the Daily Nebraskan, a college student newspaper, was independent from the state for purposes of a suit brought under 42 U.S.C. § 1983. The district court concluded that the newspaper could legitimately refuse to publish certain "roommate wanted" advertisements in which the advertisers described their sexual orientation. We affirm.

I...

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