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SENTINEL COMMUNICATIONS CO. v. WATTS

No. 90-3601.

936 F.2d 1189 (1991)

SENTINEL COMMUNICATIONS COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. Ben G. WATTS, Individually as the Secretary of the Department of Transportation of the State of Florida, Leonard R. Mellon, Individually as the Director for the Department of Highway Safety and Motor Vehicles of the State of Florida, Betty Castor, in her capacity as Commissioner of Education of Florida Department of Education, Carl McCoy, in his official capacity as the Director of Division of Blind Services of the State of Florida, and T. Jack Bassett, in his official capacity as the Chief of the Bureau of Business Enterprises for the Florida Division of Blind Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 26, 1991.

Attorney(s) appearing for the Case

Lawrence J. Phalin, David C. Willis, Mateer, Harbert & Bates, P.A., Orlando, Fla., for plaintiff-appellant.

Walter M. Meginniss, Dept. of Legal Affairs, Tallahassee, Fla., for defendants-appellees.

Before FAY and EDMONDSON, Circuit Judges, and GARZA, Senior Circuit Judge.

FAY, Circuit Judge:

Plaintiff-appellant, a newspaper publisher, appeals a district court order denying its claims for declaratory and injunctive relief in connection with several Florida state agencies' manner of regulating the placement of its coin-operated newsracks at interstate rest areas. Because we agree that several aspects of Florida's unwritten "scheme" for regulating these devices are constitutionally suspect, we REVERSE the district court's order, and REMAND...

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