GANNETT SATELLITE INFORMATION NETWORK, INC., Plaintiff-Appellee,
v.
METROPOLITAN TRANSPORTATION AUTHORITY, Long Island Rail Road Company, Metro-North Commuter Railroad Company, Richard Ravitch, individually and as Chairman of Metropolitan Transportation Authority, Long Island Rail Road Company and Metro-North Commuter Railroad Company, Constantine Sidamon-Eristoff, Ronay Menschel, and Jane K. Butcher, individually, as members of the Boards, and as members of the Real Estate Committees of Metropolitan Transportation Authority, Long Island Rail Road Company, and Metro-North Commuter Railroad Company, Marsilia A. Boyle, individually and as Director of Real Estate of Metropolitan Transportation Authority, and Lawrence H. Levine and Kenneth Rydzewski, individually and as Deputy Directors of Real Estate of Metropolitan Transportation Authority, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 18, 1984.
Decided September 28, 1984.
Attorney(s) appearing for the Case
Mary P. Bass, General Counsel, Metropolitan Transp. Authority, New York City (Barbara Dixon, Lester G. Freundlich, Metropolitan Transp. Authority, New York City, of counsel), for defendants-appellants.
Robert C. Bernius, Rochester, N.Y. (Frank H. Penski, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., Peter Tufo, Anita Barrett, Tufo & Zuccotti, New York City, Alice Neff Lucan, Asst. Gen. Counsel, Gannett Co., Inc., Rochester, N.Y., of counsel), for plaintiff-appellee.
George Freeman, The New York Times Co., Brenda Baker, Dow Jones & Co., Inc., Marjorie T. Coleman, New York News Inc., John Bender, News Group Publications, Inc., New York City, for amici curiae, N.Y. Times Co., Dow Jones & Co., Inc., N.Y. News Inc. and News Group Publications, Inc.
Before MANSFIELD, MESKILL and CARDAMONE, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
The defendants appeal a summary judgment entered by the United States District Court for the Southern District of New York, Conner, J., 579 F.Supp. 90 (S.D.N.Y. 1984), holding that the Metropolitan Transportation Authority's (MTA) licensing scheme for the placement of coin operated newspaper vending machines (newsracks) in MTA commuter train stations and MTA's licensing fees for such placement violated...
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