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CENTRAL SOUTH CAROLINA CHAPTER, ETC. v. MARTIN

No. 77-1636.

556 F.2d 706 (1977)

CENTRAL SOUTH CAROLINA CHAPTER, SOCIETY OF PROFESSIONAL JOURNALISTS, SIGMA DELTA CHI; Fred P. McNeese, Robert McAlister, Robert Hitt, individually as news reporters and as members, officers, and directors of the Central South Carolina Chapter, Society of Professional Journalists, Sigma Delta Chi; South Carolina Broadcasters Association; Dr. Richard Uray, individually and as Executive Manager of the South Carolina Broadcasters Association; South Carolina Press Association; the Enterprise, Inc.; Edward M. Sweatt, Individually as President of the South Carolina Press Association and as a shareholder and member of the Board of Directors of The Enterprise, Inc.; and Carolyn Kay Harris, Appellants, v. The Honorable J. Robert MARTIN, Jr., United States District Court for the District of South Carolina; Mark W. Buyck, Jr., Esq., United States Attorney for the District of South Carolina; J. Elliott Williams, United States Marshall for the District of South Carolina; and Miller C. Foster, Jr., United States Clerk for the District of South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Mitchell Rogovin, George T. Frampton, Jr., Joel I. Klein, David R. Boyd, Washington, D.C., James C. Harrison, Jr., Costa M. Pleicones, Columbia, S.C., Jack C. Landau, Washington, D.C., for appellants.

Thomas E. Lydon, Jr., U.S. Atty., Wistar D. Stuckey, Glen E. Craig, Asst. U. S. Attys., Columbia, S.C., Lu Jachnycky, Atty., Dept. of Justice, Washington, D.C., for appellees.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

This matter came before the district court on a complaint seeking declaratory and injunctive relief against the district court's order of May 31, 1976, and on a motion for a stay of that order pending appeal. The challenged order, reproduced below,1 establishes certain restrictions upon extrajudicial statements and actions of participants in the pending criminal trial of J. Ralph Gasque in the United States District...

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