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CITY OF BURLINGTON v. NEW YORK TIMES CO.

No. 86-014.

532 A.2d 562 (1987)

CITY OF BURLINGTON v. NEW YORK TIMES COMPANY.

Supreme Court of Vermont.

July 24, 1987.

Attorney(s) appearing for the Case

John L. Franco, Asst. City Atty., Burlington, for plaintiff-appellant.

William B. Gray and John H. Fitzhugh of Sheehey, Brue & Gray, Burlington, and Kenneth A. Richieri, The New York Times Co., New York City, for defendant-appellee.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

ALLEN, Chief Justice.

The City of Burlington appeals from the grant of a motion to dismiss an action brought by the City to collect a $5.00 per week fee to place newspaper vending machines on city sidewalks. The trial court declared the ordinance unconstitutionally overbroad and void for vagueness in violation of the First Amendment. We affirm.

In August, 1984, the New York Times Company (Times) placed seven automatic coin-operated newspaper vending machines...

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