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BURNETT v. TOLSON

No. 72-1545.

474 F.2d 877 (1973)

Grosvenor BURNETT et al., Appellants, v. Lt. General John J. TOLSON, Commanding General of Fort Bragg, North Carolina, and Stanley R. Resor, as Secretary of the Army, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Prof. Walter E. Dellinger, III, Durham, N. C. (Charles F. Lambeth, Jr., Thomasville, N. C., on brief), for appellants.

F. Stuart Clarke, Asst. U. S. Atty. (Warren H. Coolidge, U. S. Atty., on brief), for appellees.

Before CRAVEN, RUSSELL and WIDENER, Circuit Judges.

CRAVEN, Circuit Judge:

Appellant Burnett and other members of an antiwar organization brought a class action in district court to enjoin the Commanding General of Fort Bragg Military Reservation from prohibiting distribution of certain leaflets on the base. Jurisdiction was alleged under 28 U.S.C. §§ 1331 and 1361. The district court dismissed the suit for lack of jurisdiction, holding that Burnett et al...

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