AMERICAN FUTURE SYSTEMS v. PA. STATE UNIVERSITY

No. 81-2674.

688 F.2d 907 (1982)

AMERICAN FUTURE SYSTEMS, INC., Steven Brubaker, Richard J. Wingert, W. Bruce Del Valle, Joan D. Varsics, Dennis C. Habecker, Kevin Graves and John B. Spillar, Appellants, v. The PENNSYLVANIA STATE UNIVERSITY, Board of Trustees of the Pennsylvania State University, John W. Oswald, and M. Lee Upcraft.

United States Court of Appeals, Third Circuit.

Decided August 9, 1982.

Rehearing and Rehearing Denied September 21, 1982.

As Amended August 13, 1982.

Certiorari Dismissed December 17, 1982.


Attorney(s) appearing for the Case

Henry T. Reath (argued), George E. Pierce, Jr., Duane, Morris & Heckscher, Philadelphia, Pa., for appellants.

Virginia Lynn Hogben, Philadelphia, Pa., for amicus curiae American Civil Liberties Foundation of Pa.

Carl N. Martin, II, Philadelphia, Pa., for amicus curiae Com. Ass'n of Students, Associated Students of Kan., Cal. State Student Ass'n, Student Ass'n of State University of N. Y.

Ronald H. Sinzheimer, Albany, N. Y., for amicus curiae Student Ass'n of State University of N. Y.

Delbert J. McQuaide, R. Mark Faulkner (argued), McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., State College, Pa., for appellees.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.


Rehearing and Rehearing In Banc Denied September 21, 1982.

Certiorari Dismissed December 17, 1982. See 103 S.Ct. 583.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Plaintiff American Future Systems, Inc. (AFS) filed suit against Pennsylvania State University, its trustees and agents (jointly referred to as Penn State) alleging that Penn State's application of its policies relating to commercial activities in the common areas of its student...

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