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OVERSEAS MEDIA CORPORATION v. McNAMARA

Civ. A. No. 1953-66.

259 F.Supp. 162 (1966)

OVERSEAS MEDIA CORPORATION, Joseph A. Dear and Marion Rospach, Plaintiffs, v. Robert S. McNAMARA, Secretary of Defense, Defendant.

United States District Court District of Columbia.

September 16, 1966.

Attorney(s) appearing for the Case

Warren Woods and Betty Southard Murphy, Washington, D. C., for plaintiffs.

Irwin Goldbloom, Dept. of Justice, and Joseph M. Hannon, Asst. U. S. Atty., Washington, D. C., for defendant.

HOLTZOFF, District Judge.

This is an action by a publisher of a newspaper known as "Overseas Weekly", to restrain the Secretary of Defense from refusing to accord the use of military facilities and Post Exchanges for the circulation and sale of the newspaper. The defendant moves for summary judgment.

The basic question of law is whether the matter is subject to judicial review. Post Exchanges are operated under...

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