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GLOBE NEWSPAPER CO. v. BEACON HILL ARCHITECTURAL COM'N

No. 94-1538.

40 F.3d 18 (1994)

The GLOBE NEWSPAPER COMPANY, et al., Plaintiffs, Appellees, v. BEACON HILL ARCHITECTURAL COMMISSION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 22, 1994.

Attorney(s) appearing for the Case

John R. Devereaux, Asst. Corp. Counsel, City of Boston Law Dept., with whom Albert W. Wallis, Corp. Counsel, Boston, MA, was on brief for appellant.

James C. Heigham, with whom Choate, Hall & Stewart, Boston, MA, and Alice Neff Lucan, Washington, DC, of Counsel, was on brief for appellees.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

BOWNES, Senior Circuit Judge.

Defendant-appellant Beacon Hill Architectural Commission ("Commission") adopted a "guideline" that bans, inter alia, all newspaper distribution boxes from the Historic Beacon Hill District in Boston, Massachusetts. The plaintiffs-appellees, a group of newspaper publishers, challenged the guideline in the district court, which held that (1) the Commission lacked authority under Massachusetts law to adopt the guideline; and (2) the...

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