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JOHNSON NEWSPAPER CORP. v. MORTON

No. 1328, Docket 88-7283.

862 F.2d 25 (1988)

JOHNSON NEWSPAPER CORPORATION d/b/a The Batavia News, Plaintiff-Appellee, v. The Hon. Glenn R. MORTON, Judge of the County Court of the County of Genesee, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 29, 1988.

Attorney(s) appearing for the Case

O. Peter Sherwood, Sol. Gen., State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., William E. Storrs, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendant-appellant.

S. Paul Battaglia, Syracuse, N.Y. (Jonathan B. Fellows, Bond, Schoeneck & King, Syracuse, N.Y., of counsel), for plaintiff-appellee.

Before WINTER and MINER, Circuit Judges, BILLINGS, District Judge.

MINER, Circuit Judge:

Defendant-appellant The Hon. Glenn R. Morton ("Judge Morton"), Judge of the County Court of the County of Genesee, appeals from a summary judgment entered in the United States District Court for the Western District of New York (Elfvin, J.) declaring that his closure of a pre-trial suppression hearing was unconstitutional and allowing plaintiff to recover against him its reasonable costs and counsel fees. The action was commenced by plaintiff...

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