ALLEN v. MONGER

No. 76-1125.

583 F.2d 438 (1978)

Wayne M. ALLEN et al., Appellees, v. A. J. MONGER et al., Appellants. George T. MOSES et al., Appellees, v. S. R. FOLEY, Jr., et al., Appellants.

United States Court of Appeals, Ninth Circuit.

October 4, 1978.


Attorney(s) appearing for the Case

John F. Cordes, Jr. (argued), Dept. of Justice, Washington, D. C., for appellants.

Joseph Remcho (argued), Rosen, Remcho & Henderson, San Francisco, Cal., for appellees.

Before GOODWIN and HUG, Circuit Judges and PALMIERI, District Judge.


GOODWIN, Circuit Judge:

The government appeals a decree enjoining enforcement by the Navy of regulations restricting sailors in the circulation of petitions addressed to members of Congress. We affirm.

In the spring of 1973 some crew members on two aircraft carriers stationed in Alameda, California, prepared petitions to various members of Congress, objecting to planned movements of their ships. Certain enlisted men of the U.S.S. Hancock objected to another...

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