FORBES v. ARKANSAS EDUCATIONAL TELEVISION COM'N

No. 95-2722WA.

93 F.3d 497 (1996)

Ralph P. FORBES, and The People, Appellants, v. THE ARKANSAS EDUCATIONAL TELEVISION COMMISSION, and its Board of Directors in their Official Capacities; The Arkansas Educational Telecommunications Network Foundation, and its Members and Officers Susan J. Howarth, in her Official Capacity as Executive Director; Victor Fleming, in his Official Capacity as Chairman; G.E. Campbell, in his Official Capacity as Vice-Chairman; Dr. Caroline Whitson, in her Official Capacity as Secretary; Diane Blair, in her Official Capacity as Commissioner; S. McAdams, in his Official Capacity as Commissioner; James Ross, in his Official Capacity as Commissioner; Jerry McIntosh, in his Official Capacity as Commissioner; Lillian Springer, in her Official Capacity as Commissioner; Amy L. Oliver, in her Official Capacity as Production Manager; Bill Clinton, his Official Capacity as Governor of the State of Arkansas; John Does, Sued as certain "John Doe" crooked, lying politicians and political "dirty tricks" operatives and special interests, etc.; KHBS TV/Channel 40 UHF; KHOG TV/Channel 29 UHF; American Broadcasting Company, Agent Darrel Cunningham; Steve Barnes, KARK TV, 4 Eye-Witness News and AETN Producer; Oscar Eugene Goss, Arkansas Educational Television Network; Carol Adornetto; Larry Foley; Lavenia Craig, in her Official Capacity as Commissioner; Robert Doubleday, in his Official Capacity as Commissioner, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1996.


Attorney(s) appearing for the Case

J. Fred Hart, Jr., Little Rock, Arkansas, argued (Charles Suphan, Little Rock, Arkansas, on the brief), for appellants.

Richard D. Marks, Washington, DC, argued (Thomas S. Gay, Attorney General's Office, Little Rock, Arkansas, on the brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN and JOHN R. GIBSON, Circuit Judges.


RICHARD S. ARNOLD, Chief Judge.

This case is before us for the second time. On the prior appeal, this Court, sitting en banc, held that the plaintiff, Ralph P. Forbes, had stated a claim. Forbes v. Arkansas Educational Television Communication Network Foundation, 22 F.3d 1423 (8th Cir.) (en banc), cert. denied, ___ U.S. ___, 115 S.Ct. 500, 130 L.Ed.2d 409 (1994) (petition of AETN), ___ U.S. ___, 115 S.Ct. 1962, 131 L...

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