Fernandez v. Progress Printing Co.

WILSON, Presiding Judge:

The issue in this case is whether a person seeking to advertise his business has a cause of action for damages against a newspaper that refuses to accept and publish the advertisement.

Plaintiff Gene Fernandez filed suit for damages claiming the refusal to accept and publish his advertisement constituted an unlawful restraint of trade. In his second amended petition, Fernandez alleged he operated a paneling and plywood business in Pryor Creek, Mayes County, Oklahoma. Fernandez stated he attempted to place a classified advertisement in The Claremore Daily Progress.…