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GAY GUARDIAN NEWSPAPER v. OHOOPEE REGIONAL LIBRARY

No. 6:02cv00104.

235 F.Supp.2d 1362 (2002)

The GAY GUARDIAN NEWSPAPER, and Ronald Marcus, as Editor and Chief of the Gay Guardian, Plaintiffs, v. OHOOPEE REGIONAL LIBRARY SYSTEM, et al., Defendants.

United States District Court, S.D. Georgia, Statesboro Division.

November 19, 2002.

Attorney(s) appearing for the Case

Gerald Weber, Elizabeth Lynn Littrell, American Civil Liberties Union of Georgia Foundation, Atlanta, GA, Elizabeth J. Norman, Pembroke, GA, for The Gay Guardian Newspaper, Ronald Marcus.

Catherine Harris Helms, Helms & Helms, PC, Homerville, GA, for Ohoopee Regional Board of Library Trustees.

Walter W. Ballew, III, Barrow & Ballew, PC, Savannah, GA, William T. Mitchell, Cruser & Mitchell, LLP, Norcross, GA, for Gail Edenfield.

J. Franklin Edenfield, Spivey, Carlton & Edenfield, Swainsboro, GA, for Dusty Gres.

ORDER

EDENFIELD, District Judge.

I. INTRODUCTION

In this case a publisher seeks 42 U.S.C. §§ 1983/1985-based damages and injunctive relief against a library alleged to have violated his First Amendment rights by removing his publication from its "free-literature" lobby table. Doc. ## 1, 3. The library and individual defendants deny liability and insist that plaintiff Ronald Marcus1

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