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FOTO USA v. BD. OF REGENTS OF UNIV. SYS. OF FLOR.

No. 96-3483.

141 F.3d 1032 (1998)

FOTO USA, INC., d.b.a Images of America, Plaintiff-Appellant, v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF FLORIDA, John C. Moyle, personally and in his official capacity as a member of the Board of Regents of the University System of Florida, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 20, 1998.

Attorney(s) appearing for the Case

Patrick W. McKee, McKee & Barge, Atlanta, GA, for Plaintiff-Appellant.

Louis F. Hubener, Atty. Gen., Henry A. Gill, Jr., Dept. of Legal Affairs, Tallahassee, FL, for Defendants-Appellees.

G. Stephen Wiggins, Brett A. Ross, Davidson, Wiggins & Crowder, Tuscaloosa, AL, for Flash.

David A. Barrett, Barrett, Hoffman & Hall, Tallahassee, FL, for Bob Knight.

Before BLACK, Circuit Judge, and HILL and HENDERSON, Senior Circuit Judges.

HILL, Senior Circuit Judge:

Foto USA, Inc. seeks to take photographs at the graduation ceremonies of three state universities in order to solicit sales of the photographs to the graduates. Foto USA, Inc. brought this action for injunctive and declaratory relief seeking an order declaring that it has both a First and Fourteenth Amendment right to take these photos, and enjoining the universities from prohibiting it from doing...

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