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PG PUB. CO. v. AICHELE

No. 12-3863.

705 F.3d 91 (2013)

PG PUBLISHING COMPANY, d/b/a The Pittsburgh Post-Gazette, Appellant v. Carol AICHELE, in her capacity as Secretary of the Commonwealth; Allegheny County Board of Elections; Mark Wolosik, in his capacity as Division Manager of the Allegheny County Elections Division.

United States Court of Appeals, Third Circuit.

Filed: January 15, 2013.

Attorney(s) appearing for the Case

Frederick N. Frank, Esq. , [Argued], Ellis W. Kunka, Esq. , Frank, Gale, Bails, Murcko & Pocrass, Pittsburgh, PA, for Appellant PG Publishing Company.

Kemal A. Mericli, Esq. , [Argued], Office of Attorney General of Pennsylvania, Pittsburgh, PA, for Appellee Carol Aichele.

George M. Janocsko, Esq. , Andrew F. Szefi, Esq. , Office of Allegheny County, Law Department, Allan J. Opsitnick, Esq. , Pittsburgh, PA, for Appellees Allegheny County Board of Elections and Mark Wolosik.

Teri L. Henning, Esq. , Pennsylvania Newspaper Association, Harrisburg, PA, for Pennsylvania Newspaper Association, Amicus Appellant.

Before: HARDIMAN, GREENAWAY, JR., and VANASKIE, Circuit Judges.

OPINION

GREENAWAY, JR., Circuit Judge.

The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media's First Amendment right to gather news. Appellant PG Publishing Company ("Appellant" or "PG") seeks review of the District Court's decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges violations of the First Amendment and...

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