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FRISSELL v. RIZZO

No. 78-1863.

597 F.2d 840 (1979)

Lee FRISSELL, Appellant, v. Frank L. RIZZO, Mayor of the City of Philadelphia and Sheldon L. Albert, City Solicitor of the City of Philadelphia and City of Philadelphia, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Richard A. Ash, Lyman & Ash, Philadelphia, Pa., for appellant.

Sheldon L. Albert, City Sol., James M. Penny, Jr., Deputy City Sol., Tyler E. Wren, Asst. City Sol., for appellees.

Before GIBBONS, VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

In this civil rights action we consider when, if ever, a citizen and taxpayer is entitled to bring suit to redress a First Amendment injury to his relationship with a newspaper. The district court dismissed the complaint for want of standing. We conclude that, while in some instances of First Amendment injury recognition of a newspaper reader's standing might be proper, this case is not one of them. We therefore...

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