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AMERICAN BOOKSELLERS FOUNDATION v. DEAN

Docket No. 02-7785.

342 F.3d 96 (2003)

AMERICAN BOOKSELLERS FOUNDATION; American Civil Liberties Union of Vermont, Inc.; Association of American Publishers, Inc.; Freedom to Read Foundation; National Association of Recording Merchandisers; Northshire Information, Inc.; PSINET, Inc.; Recording Industry Association of America, Inc.; Sexual Health Network, Inc., Plaintiffs-Appellees, v. Howard DEAN, in his official capacity as Governor of the State of Vermont; William H. Sorrell, in his official capacity as Attorney General of the State of Vermont, Robert Simpson, Dan Davis, Keith W. Flynn, Dale O. Gray, James A. Hughes, Vincent Illuzzi, James D. McKnight, James P. Mongeon, Joel W. Page, John H. Quinn, George E. Rice, Robert L. Sand, Terry J. Trono, and William Finley Wright, in their official capacities as Vermont State's Attorneys, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 27, 2003.

Attorney(s) appearing for the Case

Michael A. Bamberger, Sonnenschein Nath & Rosenthal (Nolan Burkhouse, Sarah Shelburne North, Law Offices of Charles Platto, Norwich, VT, David Putter, Montpelier, VT, Markus Brakhan, Burlington, VT, on the brief), New York, NY, for Plaintiffs-Appellees.

Joseph Leon Winn, Assistant Attorney General, Vermont Office of Attorney General, Montpelier, VT, for Defendants-Appellants.

Before: WALKER, Chief Judge, POOLER, Circuit Judge, and GLEESON, District Judge.

JOHN M. WALKER, JR., Chief Judge.

Plaintiffs Sexual Health Network, Inc. and American Civil Liberties Union of Vermont brought suit against Vermont's Governor, Attorney General and various State's Attorneys ("State Defendants" or "Appellants") to enjoin enforcement of 13 V.S.A. § 2802a on the basis that it violated the First Amendment right of free expression and the dormant Commerce Clause. The United States District Court for the District of Vermont (J. Garvan...

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