. at 391. Nevertheless, control of the enterprise by government appointees was not crucial. Id
. at 403. On remand, the United States Court of Appeals for the Second Circuit held that the particular billboard at issue was a non-forum. Lebron
v. National R.R. Passenger Corp
., 69 F.3d 650, amended
, 89 F.3d 39 (2d Cir. 1995), cert
, 517 U.S. 1188 (1996).