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HIRSCHKOP v. VIRGINIA STATE BAR

No. 78-1176.

604 F.2d 840 (1979)

Philip J. HIRSCHKOP, and Richard Shadyac, Appellants, v. The VIRGINIA STATE BAR, Phillip M. Sadler, Harvey Chappell and Virginia State Bar Ethics Committee, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1979.

Attorney(s) appearing for the Case

Philip J. Hirschkop, Alexandria, Va. (John D. Grad, Victor M. Glasberg, Hirschkop & Grad, P. C., Alexandria, Va., Richard Shadyac, Annandale, Va., Jeremiah S. Gutman, New York City, on brief), for appellants.

Walter H. Ryland, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Stuart H. Dunn, Chief Deputy Atty. Gen., Richmond, Va., on brief), for appellees.

Before RUSSELL and PHILLIPS, Circuit Judges, and EDWARD DUMBAULD, Senior United States District Judge for the Western District of Pennsylvania, sitting by designation.

DONALD RUSSELL, Circuit Judge:

This suit presents a constitutional attack upon the advertising provisions of the Code of Professional Responsibility promulgated by the American Bar Association and adopted by the Virginia Supreme Court for members of the State Bar of Virginia.1 The challenged provisions are:

"DR 2-101 Publicity in General. (A) A lawyer shall not prepare, cause to be prepared, use, or participate in the...

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