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ASSOCIATED PRESS v. CANTERBURY

No. 34768.

688 S.E.2d 317 (2009)

The ASSOCIATED PRESS, Plaintiff Below, Appellant, v. Steven D. CANTERBURY, Administrative Director of the West Virginia Supreme Court of Appeals, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 12, 2009.

Concurring and Dissenting Opinion of Justice Workman November 18, 2009.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Sean P. McGinley, DiTrapano, Barrett & DiPiero, Charleston, WV, Patrick C. McGinley, Law Office of Patrick C. McGinley, Morgantown, WV, for Appellant.

Carte P. Goodwin, Goodwin & Goodwin, Charleston, WV, for Amicus, WV Judicial Assoc.

Terris S. Baur, ACLU of West Virginia Foundation, Charleston, WV, for the Amici, The Reporters Committee for Freedom of the Press, ACLU of WV, Assoc. of Capitol Reports & Editors, The Radio & Television News Directors Assoc., The Society of Professional Journalists and WV Press Assoc.

Ancil G. Ramey, William D. Wilmoth, Steptoe & Johnson, Charleston & Robert P. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, WV, Daniel J. Guida, Law Office of Daniel J. Guida, Weirton, WV, for Appellee.

DAVIS, Justice:

The Associated Press, plaintiff below (hereinafter referred to as "the AP"), appeals from an order of the Circuit Court of Kanawha County denying part of the AP's request for injunctive relief against Steven D. Canterbury, Administrative Director of the West Virginia Supreme Court of Appeals, defendant below (hereinafter referred to as "Mr. Canterbury"). Specifically, the AP alleges the circuit court committed error in ordering Mr. Canterbury to turn...

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