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GARRETT v. ESTELLE

No. 77-1351.

556 F.2d 1274 (1977)

Tony GARRETT, Plaintiff-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 21, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Joe B. Dibrell, Jr., Asst. Atty. Gen., Chief, Enforcement Div., David M. Kendall, Jr., Asst. Atty. Gen., Austin, Tex., for defendants-appellants.

James D. Whisenand, Deputy Atty. Gen., State of Fla., Dept. of Legal Affairs, Tallahassee, Fla., amicus curiae, for 24 states and Puerto Rico.

Fred E. Time, Tom S. McCorkle, Jr., Peter A. Lesser, Dallas, Tex., for plaintiff-appellee.

Dan P. S. Paul, Miami, Fla., amicus curiae, for Reporter's Committee on Freedom, et al.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 21, 1977.

AINSWORTH, Circuit Judge:

The question for decision is whether a news cameraman can require the State of Texas to permit him to film executions in state prison for showing on television. Texas denied the right to film executions to Tony Garrett, a TV news cameraman, who then brought this action seeking an injunction to require access for that purpose. The State would allow full access to the event...

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