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ATLANTA JOURNAL v. CITY OF ATLANTA

Nos. 04-16721, 04-16723.

442 F.3d 1283 (2006)

ATLANTA JOURNAL AND CONSTITUTION, USA Today, Plaintiffs-Appellees, v. The CITY OF ATLANTA DEPARTMENT OF AVIATION, Defendant-Appellant. USA Today, a division of Gannett Satellite Information Network ("GANSAT"), Inc., New York Times Company, d.b.a. The New York Times, Plaintiffs-Appellees, v. City of Atlanta Department of Aviation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 15, 2006.

Attorney(s) appearing for the Case

William H. Boice, Michael W. Tyler, Jill Warner, Kilpatrick Stockton LLP, Atlanta, GA, for Appellant.

Peter Canfield, Lesli N. Green Marcia Bull Stadeker, Dow, Lohnes & Albertson, PLLC, Eric P. Schroeder, James C. Rawls, Powell, Goldstein, Frazer & Murphy, Atlanta, GA, for Appellees.

Before DUBINA, MARCUS and COX, Circuit Judges.

COX, Circuit Judge:

These consolidated cases arise out of a dispute between the City of Atlanta Department of Aviation ("the Department"), on one hand, and publishers of The Atlanta Journal-Constitution, USA Today and The New York Times newspapers ("the publishers") on the other hand. In 1996, the Department, which operates Atlanta Hartsfield-Jackson Airport, sought to implement a plan regulating the design, placement, rental, and allocation among publishers of newsracks...

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