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CAPITAL CITIES MEDIA, INC. v. CHESTER

No. 85-5132.

797 F.2d 1164 (1986)

CAPITAL CITIES MEDIA, INC., t/d/b/a the Wilkes-Barre Times Leader and Scheier, Robert, Assistant City Editor, Appellants v. CHESTER, James W., Regional Director, Northeast Region, Pennsylvania Department of Environmental Resources, and Carmon, Mark R., Community Relations Coordinator, Northeast Region, Pennsylvania Department of Environmental Resources, and Debenedictis, Nicholas, Secretary, Pennsylvania Department of Environmental Resources, and Pennsylvania Department of Environmental Resources.

United States Court of Appeals, Third Circuit.

Argued May 5, 1986.

Decided July 21, 1986.

Attorney(s) appearing for the Case

Ralph E. Kates, III (argued), Griffith, Aponick & Musto, Wilkes-Barre, Pa., for appellants.

LeRoy S. Zimmerman, Atty. Gen., Gregory R. Neuhauser, Senior Deputy Atty. Gen. (argued), Andrew S. Gordon, Senior Deputy Atty. Gen., Allen C. Warshaw, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Attorney General, Litigation Section, Harrisburg, Pa., for appellees.

Before ALDISERT, Chief Judge, and SEITZ, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON and MANSMANN, Circuit Judges.

Argued In Banc May 5, 1986.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Capital Cities Media, Inc. and Robert Scheier, the publisher and Assistant City Editor of a Wilkes-Barre newspaper, the Times Leader, appeal from an order of the district court denying their motion for a preliminary injunction and dismissing their complaint, 609 F.Supp. 494. Defendants are the Pennsylvania Department of Environmental Resources...

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