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SHIPLEY, INC. v. LONG

No. 04-136.

195 S.W.3d 911 (2004)

359 Ark. 208

SHIPLEY, INC., d/b/a That Bookstore in Blytheville; Arkansas Library Association; American Booksellers Foundation for Free Expression, Inc.; Association of American Publishers, Inc.; Comic Book Legal Defense Fund; Freedom to Read Foundation; International Periodical Distributors Association, Inc.; American Civil Liberties Union of Arkansas, Inc., Petitioners, v. Fletcher LONG, Jr., District One Prosecuting Attorney, et al. (Namely All the Other Prosecuting Attorneys in the State of Arkansas), Respondents.

Supreme Court of Arkansas.

October 21, 2004.

Attorney(s) appearing for the Case

Sonnenschein Nath & Rosenthal LLP, by: Michael A. Bamberger, New York, NY; and Lavey & Burnett, by: John L. Burnett, Little Rock, for petitioners.

Mike Beebe, Att'y Gen., by: Timothy G. Gauger, Sr. Ass't Att'y Gen. And Jill Jones Moore, Ass't Att'y Gen., Little Rock, for respondents.

TOM GLAZE, Justice.

This case is before us on certification from the United States District Court for the Eastern District of Arkansas, pursuant to Ark. Sup.Ct. R. 6-8 (2004). The federal court has certified four questions to us, asking us to provide an interpretation of Act 858 of 2003, as codified at Ark.Code Ann. § 5-68-501 et seq. (Supp.2003). See Shipley, Inc. v. Long, 356 Ark. 220, 148 S.W.3d 746 (2004)...

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