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OVERSEAS MEDIA CORPORATION v. McNAMARA

No. 20590.

385 F.2d 308 (1967)

OVERSEAS MEDIA CORPORATION et al., Appellants, v. Robert S. McNAMARA, Secretary of Defense, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 3, 1967.

Attorney(s) appearing for the Case

Mrs. Betty Southard Murphy, Washington, D. C., with whom Mr. Warren Woods, Washington, D. C., was on the brief, for appellants.

Mr. John C. Eldridge, Atty., Dept. of Justice, with whom Messrs. David G. Bress, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellee, Mr. Harvey L. Zuckman, Atty., Dept. of Justice, also entered an appearance for appellee.

Mr. Lawrence Speiser, Washington, D. C., filed a brief on behalf of American Civil Liberties, as amicus curiae, urging reversal.

Before FAHY, McGOWAN and TAMM, Circuit Judges.

McGOWAN, Circuit Judge:

Appellants filed in the District Court an action for injunction and declaratory relief, requesting that certain actions and alleged failures to act on the part of appellee, the Secretary of Defense, be declared invalid on constitutional and other grounds. Specifically, the court was asked to order the Secretary to reverse a decision of the Department of Defense denying to appellants the use of certain newsstand facilities of military post exchanges...

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