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SCHNEIDER v. LAIRD

No. 71-1324.

453 F.2d 345 (1972)

Don SCHNEIDER, SP-4, United States Army, Plaintiff-Appellant, v. Melvin A. LAIRD, Secretary of Defense, The Pentagon, Washington, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 6, 1972.

Attorney(s) appearing for the Case

C. Nelson Day, U. S. Atty., and H. Ralph Klemm, Asst. U. S. Atty., filed a motion to affirm and memorandum in support of the motion on behalf of appellees.

William J. Lockhart, Salt Lake City, Utah, filed memoranda in opposition to summary action on behalf of appellant.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.

PER CURIAM.

A United States Army Regulation, AR 210-10, delegates to the commanding officer of a military post authority to preclude the on-base distribution of certain publications. Upon his determination that the dissemination of a publication within the area of his command "presents a clear danger to the loyalty, discipline, or morale of troops," the commander is empowered to restrain distribution. Supplements to this regulation, Department of Defense Directive...

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