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NEWSPAPER GUILD v. LEVI

No. 75-1014.

539 F.2d 755 (1976)

The NEWSPAPER GUILD v. Edward H. LEVI, Attorney General, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 1976.

Rehearing Denied August 19, 1976.

Attorney(s) appearing for the Case

Barry Grossman, Washington, D.C., with whom Howard E. Shapiro and Samuel R. Simon, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellant.

Victor H. Kramer, Washington, D.C., with whom Richard B. Wolf, Washington, D.C., was on the brief, for appellee.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge McGOWAN.

Dissenting opinion filed by Circuit Judge TAMM.

McGOWAN, Circuit Judge:

This case presents a narrow, albeit important, issue of statutory construction: Does section 4(b) of the Newspaper Preservation Act of 1970 make it unlawful to enter a joint newspaper operating agreement without the prior approval of the Attorney General, or does it rather require prior approval only for parties seeking an antitrust...

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