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AUBURN UNIVERSITY v. ADVERTISER COMPANY

1002096.

867 So.2d 293 (2003)

AUBURN UNIVERSITY et al. v. The ADVERTISER COMPANY d/b/a The Montgomery Advertiser, et al.

Supreme Court of Alabama.

May 23, 2003.

Attorney(s) appearing for the Case

David R. Boyd and Dorman Walker of Balch & Bingham, LLP, Montgomery; Lee F. Armstrong, gen. counsel, Auburn University; and Phillip E. Adams, Jr., of Walker, Hill, Adams, Umbach, Meadows & Walton, Opelika, for appellants.

Dennis R. Bailey of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellees.

J.R. Brooks and Taylor P. Brooks of Lanier Ford Shaver & Payne, P.C., Huntsville, for amici curiae Alabama Association of School Boards, Alabama League of Municipalities, and the University of North Alabama, in support of the appellants.

Mary E. Pons, Montgomery, for amicus curiae Association of County Commissions of Alabama, in support of the appellants.

C. Glenn Powell, gen. counsel, and Hattie E. Kaufman, counsel, Tuscaloosa, for amicus curiae Board of Trustees of the University of Alabama, in support of the appellants.

JOHNSTONE, Justice.

I. Introduction

Defendants Auburn University and the members of the Auburn University Board of Trustees ("the Board") appeal the summary judgment and the permanent injunction entered in favor of plaintiffs The Advertiser Company d/b/a The Montgomery Advertiser, and seven other newspapers (hereinafter collectively called "the newspapers") on their claims for injunctive and declaratory relief to redress alleged violations of the...

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