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INTERNATIONAL NEWS DISTRIBUTORS, INC. v. SHRIVER

No. 73-1184.

488 F.2d 1350 (1973)

INTERNATIONAL NEWS DISTRIBUTORS, INC., Plaintiff-Appellant, v. Thomas H. SHRIVER, District Attorney General for the Tenth Judicial Circuit, and Richard P. McCully, Assistant District Attorney General for the Tenth Judicial Circuit, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1973.

Attorney(s) appearing for the Case

Gilbert H. Deitch, Atlanta, Ga., for plaintiff-appellant; Larry D. Woods, Nashville, Tenn., Robert Eugene Smith, Baltimore, Md., on brief.

C. Hayes Cooney, Asst. Atty. Gen. of Tenn., Nashville, Tenn., for defendants-appellees; David M. Pack, Atty. Gen. of Tenn., Nashville, Tenn., of counsel.

Before EDWARDS, and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.

LIVELY, Circuit Judge.

The issue before the court on appeal is whether the district judge properly dismissed that portion of an action seeking a declaratory judgment that certain statutes of Tennessee are unconstitutional as written and applied and seeking to enjoin enforcement of the statutes in question. The complaint alleges that the plaintiff deals in press materials which are presumptively protected by the First Amendment. It is claimed that the defendants, under...

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