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UNITED STATES v. SCHIAVO

Nos. 73-1855, 73-1856.

504 F.2d 1 (1974)

UNITED STATES of America v. Frederick SCHIAVO. Appeal of PHILADELPHIA NEWSPAPERS, INC., and Susan Q. Stranahan. PHILADELPHIA NEWSPAPERS, INC., and Susan Q. Stranahan, Petitioners, v. UNITED STATES of America and Frederick Schiavo, Respondents, and The Honorable J. William Ditter, Jr., Nominal Respondents.

United States Court of Appeals, Third Circuit.

Reargued May 15, 1974.

Decided August 8, 1974.

As Amended August 22, 23, and October 23, 1974.

Certiorari Denied December 23, 1974.

Attorney(s) appearing for the Case

Harold E. Kohn, David H. Marion, and Samuel E. Klein, of Harold E. Kohn, P.A., Philadelphia, Pa., for appellants in No. 73-1855 and for petitioners in No. 73-1856.

Robert E. J. Curran, U. S. Atty., J. Clayton Undercofler, III, First Asst. U. S. Atty. and Walter S. Batty, Jr., Chief, Appellate Section, Philadelphia, Pa., for respondent United States and for the nominal respondent.

Arthur B. Hanson, and Ralph N. Albright, Jr., Washington, D. C., for American Newspaper Publishers Ass'n, amicus curiae.

James C. Goodale, and Alexander Greenfeld, New York City, for New York Times Co., amicus curiae.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Reargued En Banc May 15, 1974.

Certiorari Denied December 23, 1974. See 95 S.Ct. 690.

Argued Dec. 19, 1973.

Before VAN DUSEN, ALDISERT and ROSENN, Circuit Judges.

Reargued May 15, 1974.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Philadelphia Newspapers, Inc. (hereinafter the "Philadelphia...

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