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FREEEATS.COM, INC. v. INDIANA

No. 06-3900.

502 F.3d 590 (2007)

FREEEATS.COM, INC., Plaintiff-Appellant, v. State of INDIANA and Steve Carter, Attorney General, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2007.

Attorney(s) appearing for the Case

John R. Maley, Barnes & Thornburg, Indianapolis, IN, John F. Cooney (argued), Baker Sterchi Cowden & Rice, St. Louis, MO, for Plaintiff-Appellant.

Thomas M. Fisher (argued), Steve Carter, Office of Attorney General, Indianapolis, IN, for Defendants-Appellees.

Mark A. Davis, Office of Attorney General, Raleigh, NC, Amicus Curiae.

Before MANION, EVANS, and WILLIAMS, Circuit Judges.

MANION, Circuit Judge.

FreeEats.com, Inc., a provider of prerecorded telephonic messages, filed in federal district court a motion for a preliminary injunction and a declaratory judgment seeking to prevent Indiana from enforcing its statute prohibiting the use of automatic dialing machines to send prerecorded messages to Indiana telephone subscribers. Three days earlier, Indiana had filed an action in an Indiana state court...

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