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BAILEY v. SYSTEMS INNOVATION, INC.

Nos. 88-5091, 88-5113.

852 F.2d 93 (1988)

Don BAILEY, Nick J. Ficco, Jr., Rudy M. Grubesky, James M. Shannon, Robert J. Yanuzzi, Robert E. Frederick, Timothy Baker, Anthony Marceca, and Ben Livingood, Petitioners in 88-5091, v. SYSTEMS INNOVATION, INC., Bryon D. Lesjack, Maurice G. Dutton, Ph.D., and Michael H. Dugan, Milan Sudor and Richard Guth, Respondents, and The Honorable Sylvia H. Rambo, Judge of the United States District Court for the Middle District of Pennsylvania, Nominal Respondent. SYSTEMS INNOVATION, INC., Bryon D. Lesjack, Maurice G. Dutton, Ph.D. and Michael H. Dugan, v. Don BAILEY; Nick J. Ficco, Jr.; Rudy M. Grubesky; James M. Shannon; Robert J. Yanuzzi; Robert E. Frederick; Timothy Baker; Anthony Marceca; Ben Livingood; Milan Sudor and Richard Guth, Don Bailey; Nick J. Ficco, Jr.; Rudy M. Grubesky; James M. Shannon; Robert J. Yanuzzi; Robert E. Frederick; Timothy Baker; Anthony Marceca; Ben Livingood, Appellants in 88-5113.

United States Court of Appeals, Third Circuit.

Decided July 21, 1988.

Attorney(s) appearing for the Case

James L. McAneny (argued), Com. of Pa., Dept. of Auditor General, Harrisburg, Pa., for petitioners/appellants.

James J. Kutz (argued), Shearer, Mette, Evans & Woodside, Harrisburg, Pa., for appellee.

Before HIGGINBOTHAM, STAPLETON and GREENBERG, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Circuit Judge.

An official and various employees of the Commonwealth of Pennsylvania, and two individuals, who are defendants in a pending civil action, claim that their first amendment rights to freedom of speech are violated by a district court order that imposes upon them the requirements of Middle District of Pennsylvania Local Rule 118.7 ("Rule 118.7"), governing "Extrajudicial Statements by Attorneys...

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