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DAILY NEWS WINS ORDER PERMITTING SUBWAY SALES

A temporary court order will allow hawkers to sell the strikebound Daily News in train stations as long as they stay within 10 feet of newsstands or news vending boxes that don't carry the News.

The newspaper had filed a lawsuit Friday challenging a decision by the Metropolitan Transportation Authority to bar the hawkers from subways and commuter railroads, which are run by the MTA.

The court order temporarily restoring the hawkers' right to sell the tabloid was issued by U.S. District Judge Miriam G. Cedarbaum on Friday. The News had claimed in its lawsuit that barring the hawkers violated the paper's First Amendment right to free speech. The News said it depended on hawkers as the "only viable means" of distributing the paper in the transit system because hardly any newsstands had been carrying the paper since the strike by some 2,100 Daily News workers began Oct. 25.

Judge Cedarbaum's temporary restraining order expires in 10 days.

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