UNITED STATES v. WASHINGTON POST COMPANY

No. 71-1487.

446 F.2d 1327 (1971)

UNITED STATES of America, Appellant, v. The WASHINGTON POST COMPANY et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1971.

Rehearing Denied June 24, 1971.


Attorney(s) appearing for the Case

Mr. Erwin N. Griswold, Sol. Gen. of the United States and Kevin T. Maroney, Atty., Department of Justice, for appellant. Messrs. Thomas A. Flannery, U. S. Atty., and Daniel J. McAuliffe, Atty., Department of Justice, were on the memorandum for appellant. Messrs. John A. Terry and Joseph M. Hannon, Asst. U. S. Attys., also entered appearances for appellant.

Mr. William R. Glendon, Washington, D. C., with whom Messrs. Roger A. Clark and Anthony F. Essaye, Washington, D. C., were on the brief, for appellees.

Congressman Bob Eckhardt, pro hac vice by special leave of court, with whom Mr. James H. Heller, Attorney, American Civil Liberties Union Fund of National Capital Area, was on the brief, on behalf of amici curiae Twenty-Seven Members of Congress, et al.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting


PER CURIAM:

This is an appeal by the United States from an order of the district court denying a preliminary injunction against the publication of material derived from a document entitled "History of U. S. Decision-Making Process on Vietnam Policy". We affirm the district court.

The district court denied the preliminary injunction after a hearing. By affidavits and the testimony of witnesses at the hearing the government attempted to demonstrate that the...

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