Unpublished Disposition, 922 F.2d 845 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 922 F.2d 845 (9th Cir. 1991)

PHOENIX NEWSPAPERS INC., an Arizona corporation, LawrenceClow, Gannett Satellite News Network, Inc., a Delawarecorporation, Citizen Publishing Co., an Arizona corporation,Star Publishing Co., an Arizona corporation, Plaintiffs/Appellees,v.TUCSON AIRPORT AUTHORITY, a non-profit Arizona corporation,Walter Burg, Patrick Abeln, Defendants/Appellants.

Nos. 89-15552, 89-15825.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 13, 1990.Decided Jan. 7, 1991.

Before GOODWIN, Chief Judge, and ALDISERT*  and FERGUSON, Circuit Judges.


After considering the contentions of the parties and being advised that the Tucson Airport Authority has now promulgated a new written ordinance or regulation to give guidance to administrative personnel regarding who will or will not be permitted to have newsracks, where they are to be placed and what is to be charged for placement of the newsracks, it is ORDERED that the injunction previously issued by the district court be and is hereby vacated as overbroad and the proceedings remanded to the district court for a de novo consideration of all aspects of the new written ordinance or regulation; it is further ORDERED that the district court's award of attorneys fees in favor of appellees be and the same is hereby affirmed and, further, that no attorneys fees be awarded to any party for this appeal.

The present panel will retain jurisdiction of any appeals that may possibly emanate from an appealable order or judgment of the district court resulting from this remand.


Ruggero J. Aldisert, Senior Judge, United States Court of Appeals for the Third Circuit, sitting by designation