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SOUTHERN N. J. NEWSPAPERS v. STATE OF N. J., ETC.

Civ. A. Nos. 81-174, 81-175.

542 F.Supp. 173 (1982)

SOUTHERN NEW JERSEY NEWSPAPERS, INC., a corporation of the State of New Jersey, Plaintiff, v. STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, Oliver D. Kee and George J. Tanger, Defendants. WOODBURY DAILY TIMES COMPANY, INC., a corporation of the State of New Jersey t/a the Gloucester County Times, Plaintiff, v. The STATE OF NEW JERSEY, Department of Transportation, Louis J. Gambaccini, Commissioner of the Department of Transportation, Oliver D. Kee, and George J. Tanger, Defendants.

United States District Court, D. New Jersey.

January 29, 1982.

Attorney(s) appearing for the Case

Robert T. Lehman, Archer, Greiner & Read, Haddonfield, N. J., for Southern New Jersey Newspapers, Inc.

Thomas H. Ward, Woodbury, N. J., for Woodbury Daily Times Company, Inc.

Irwin I. Kimmelman, Atty. Gen. of N. J. by Patricia D. Connelly, Deputy Atty. Gen., State of N. J., Dept. of Transp., Trenton, N. J., for defendants.

BROTMAN, District Judge.

In this case, the court is faced with a confrontation between a newspaper's exercise of its First Amendment rights and a state's exercise of its police power. Plaintiff Southern New Jersey Newspapers, Inc., and plaintiff Woodbury Daily Times Company, Inc., contemporaneously instituted civil rights actions seeking injunctive and declaratory relief pursuant to 42 U.S.C. § 19831 and 28 U.S.C. § 2201,

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