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CAREW-REID v. METROPOLITAN TRANSP. AUTHORITY

No. 1172, Docket 90-7143.

903 F.2d 914 (1990)

Lloyd CAREW-REID, Kathleen Mock, Lawrence Kobak, a/k/a "Sailorman Jack," James Humphries, Carleton Ferguson Hypolite, Sloboden Vucicevic, Peter Barkman, Antonio Gomes, and Subway Troubadors Against Repression, Plaintiffs-Appellees, v. METROPOLITAN TRANSPORTATION AUTHORITY, Metro-North Commuter Railroad Company, New York City Transit Authority, and Robert R. Kiley and David L. Gunn, in their individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 18, 1990.

Attorney(s) appearing for the Case

Susan E. Weiner, Deputy Gen. Counsel, Metropolitan Transp. Authority, New York City, for appellants.

David B. Goldstein, New York City (Eric M. Lieberman, Edward Copeland, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, National Emergency Civil Liberties Committee, New York City, of counsel), for appellees.

Before TIMBERS, MESKILL and ALTIMARI, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Stanton, J., granting plaintiffs-appellees' motion for a preliminary injunction restraining defendants-appellants from enforcing a ban against the use of amplifiers by musicians on New York City subway platforms. The question presented on appeal is whether the amplifier ban constitutes a reasonable time, place or manner restriction within...

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