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JACOB WEINBERG NEWS AGENCY, INC. v. CITY OF MARION

No. 2-273A40.

322 N.E.2d 730 (1975)

JACOB WEINBERG NEWS AGENCY, INC., Appellant, v. CITY OF MARION, Indiana, et al., Appellees.

Court of Appeals of Indiana, Second District.

February 10, 1975.

Attorney(s) appearing for the Case

Paul G. Roland, Rex P. Killian, Ruckelshaus, Bobbit & O'Connor, Indianapolis, James R. Browne, Gemmill Browne Torrance Morin Spitzer & Herriman, Marion, for appellant.

Patrick N. Ryan, Jack B. Welchons, Ryan & Welchons, Marion, for appellees.

WHITE, Judge.

The Jacob Weinberg News Agency, Inc. (Weinberg) brought suit against the City of Marion and its enforcement officials (City) seeking a judgment declaring a city ordinance unconstitutional as an abridgement of plaintiff's free press and property rights as a wholesale distributor of magazines and enjoining its enforcement. The Court dismissed the action for the stated reason that "[e]nforcement of the Ordinance would not limit any of plaintiff's legal...

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