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JACOBSEN v. CITY OF RAPID CITY, S.D.

No. 92-3182.

128 F.3d 660 (1997)

Harlan L. JACOBSEN, Plaintiff-Appellee, v. CITY OF RAPID CITY, SOUTH DAKOTA; William Bacon, Airport Administrator, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 22, 1997.

Attorney(s) appearing for the Case

Timothy M. Gebhart, Sioux Falls, SD, for defendant-appellant.

Harlan L. Jacobsen pro se.

Before LOKEN, JOHN R. GIBSON, and HANSEN, Circuit Judges.

LOKEN, Circuit Judge.

The City of Rapid City, South Dakota, and Airport Administrator William Bacon (collectively, "the City") appeal a district court order permanently enjoining them from banning Harlan L. Jacobsen's newspaper vending machines, or newsracks, from the Rapid City Regional Airport terminal. The City argues that its policy regarding newsracks is reasonable and therefore does not violate Jacobsen's First Amendment rights. Although we find most of the...

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