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LANPHERE & URBANIAK v. COLORADO, STATE OF

No. 92-1363.

21 F.3d 1508 (1994)

LANPHERE & URBANIAK, the Law Firm of, Gregory S. Lanphere, Joel E. Urbaniak, individually and as partners thereof; Frank Mutchler, as Director of Turning Point Drug and Alcohol Treatment Center, Plaintiffs-Appellants, v. COLORADO, STATE OF; Gale A. Norton, Attorney General for the State of Colorado, in her official capacity only; Roy Romer, Governor for the State of Colorado, in his official capacity only, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 1, 1994.

Attorney(s) appearing for the Case

Michael W. Gross (Arthur M. Schwartz, of Arthur M. Schwartz, P.C., Denver, CO, with him on the briefs), of Arthur M. Schwartz, P.C., Denver, CO, for plaintiffs-appellants.

Mark Widmann Gerganoff (Gale A. Norton, Atty. Gen.; Raymond T. Slaughter, Chief Deputy Atty. Gen.; Timothy M. Tymkovich, Sol. Gen.; Maurice G. Knaizer, Deputy Atty. Gen.; Larry A. Williams, First Asst. Atty. Gen., Denver, CO, with him on the brief), Asst. Atty. Gen., Denver, CO, for defendants-appellees.

Before TACHA, SETH, and ALDISERT, Circuit Judges.

TACHA, Circuit Judge.

Plaintiffs brought suit against the State of Colorado under 42 U.S.C. § 1983 claiming a violation of their First and Fourteenth Amendment free speech rights and requesting injunctive relief. Plaintiffs' claims are the result of a Colorado state statute limiting public access to criminal justice and official action records containing individual names, addresses, and telephone numbers where access is sought for the purpose of directly soliciting...

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