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GANNETT CO. v. CITY OF ROCHESTER

69 Misc.2d 619 (1972)

Gannett Co., Inc., et al., Plaintiffs, v. City of Rochester et al., Defendants.

Supreme Court, Monroe County.

April 11, 1972

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (John B. McCrory and Ruth B. Rosenberg of counsel), for Gannett Co., Inc., plaintiff. A. Vincent Buzard, Corporation Counsel (James Townsend of counsel), for City of Rochester, defendant. Emmelyn S. Logan Baldwin for New York Civil Liberties Union, amicus curiae.

RICHARD M. ROSENBAUM, J.

Plaintiff Gannett Co., Inc., publishes two daily newspapers in the City of Rochester, New York and publishes a number of newspapers in other cities. The plaintiff's newspapers are sold and circulated in various ways and by various means. One of the ways and means is by newspaper vending machines placed at locations around the city of Rochester. Many of the locations include part of the public sidewalk. A person who wishes to buy...

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