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BAY GUARDIAN COMPANY v. CHRONICLE PUBLISHING COMPANY

No. C-70-1613.

344 F.Supp. 1155 (1972)

The BAY GUARDIAN COMPANY, a corporation, et al., Plaintiffs, v. The CHRONICLE PUBLISHING COMPANY, Inc., a corporation, et al., Defendants.

United States District Court, N. D. California.

June 21, 1972.

Attorney(s) appearing for the Case

Stephen Barnett, Berkeley, Cal., Charles Cline Moore, San Francisco, Cal., for plaintiffs.

Cooper, White & Cooper, James J. Brosnahan, Garret McEnerney, II, San Francisco, Cal., for defendants.

ORDER DENYING MOTION TO STRIKE ANSWER

OLIVER J. CARTER, Chief Judge.

This action may best be described as one to test the constitutionality of the Newspaper Preservation Act (15 U.S.C. §§ 1801-04), (henceforth Act), which was passed July 24, 1970. The Act grants a special limited exemption from the antitrust laws to certain types of newspapers. Originally the plaintiffs sought in one section of their complaint a declaratory judgment that the Act...

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