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HATHEWAY v. GANNETT SATELLITE NETWORK

No. 89-1480.

157 Wis.2d 395 (1990)

459 N.W.2d 873

Jay HATHEWAY, d/b/a Among Friends, Peggy Vandeveer and Tracey Vandeveer, Plaintiffs-Appellants, v. GANNETT SATELLITE INFORMATION NETWORK, INC., a foreign corporation, Michael B. Gage, Karen Decker and Gannett Co., Inc., a foreign corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

oral argument June 14, 1990.

Decided July 10, 1990.

Attorney(s) appearing for the Case

For plaintiff-appellant, Jay Hatheway, there were briefs by Mark F. Borns, Borns, Macaulay & Jacobson, Madison.

For plaintiffs-appellants, Peggy Vandeveer and Tracey Vandeveer, there were briefs and oral argument by Paula L. Ettelbrick, Lambda Legal Defense and Education Fund, Inc., New York.

For defendants-respondents there were briefs by John R. Dawson, David Lucey and Michael L. Silhol and oral argument by David Lucey, Milwaukee.

There was an amicus curiae brief and oral argument by Nan D. Hunter, American Civil Liberties Union Foundation, New York, and Gretchen E. Miller, American Civil Liberties Union of Wisconsin Foundation, Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The plaintiffs, Jay Hatheway and Peggy and Tracey Vandeveer, appeal an order granting the defendant, Gannett Satellite Information Network, Inc.'s, motion for summary judgment. Gannett is the publisher of the Green Bay Press Gazette, which refused to print the plaintiffs' advertisements in the newspaper's classified advertising section. The plaintiffs contend that the classified advertising section of a newspaper is a place of business where goods or services...

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