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VAN NUYS PUB. CO. v. CITY OF THOUSAND OAKS

Docket No. L.A. 29866.

5 Cal.3d 817 (1971)

489 P.2d 809

97 Cal. Rptr. 777

VAN NUYS PUBLISHING COMPANY, INC., Plaintiff and Appellant, v. CITY OF THOUSAND OAKS, Defendant and Respondent.

Supreme Court of California. In Bank.

October 18, 1971.

Attorney(s) appearing for the Case

COUNSEL

Willard R. Pool for Plaintiff and Appellant.

Kaplan, Livingston, Goodwin, Berkowitz & Selvin and Herman F. Selvin as Amici Curiae on behalf of Plaintiff and Appellant.

Hathaway, Clabaugh & Perrett, E.E. Clabaugh, Jr., Raymond C. Clayton and Paul D. Powers for Defendant and Respondent.

Ronald H. Bevins and Holden & Bevins as Amici Curiae on behalf of Defendant and Respondent.

OPINION

TOBRINER, J.

Plaintiff Van Nuys Publishing Company instituted this action to enjoin defendant City of Thousand Oaks from enforcing a newly enacted "anti-littering" ordinance on the ground that the provision, on its face and as applied, constituted an unconstitutional abridgement of First Amendment rights. After initially issuing a preliminary injunction as requested by plaintiff, the trial court rendered judgment in favor...

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