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EX PARTE BIRMINGHAM POST HERALD NEWSPAPER

6 Div. 142.

373 So.2d 1234 (1979)

Ex Parte THE BIRMINGHAM POST HERALD NEWSPAPER and Greg McDonald. (In re THE BIRMINGHAM POST HERALD NEWSPAPER and Greg McDonald v. H. E. HOLLADAY, as Judge of the Circuit Court of Blount County, Alabama.)

Court of Criminal Appeals of Alabama.

September 27, 1979.

Attorney(s) appearing for the Case

David M. Olive of McMillan & Spratling, Birmingham, for petitioners.

Charles A. Graddick, Atty. Gen. and John Gibbs, Asst. Atty. Gen., for respondent, H. E. Holladay.

James C. Barton and Gilbert E. Johnston, Jr., Birmingham, for amici curiae, the Alabama Press Assn. and the Birmingham News Co.

PER CURIAM.

On authority of Nebraska Press Association v. Stuart, 427 U.S. 539, 96 S.Ct. 2791, 49 L.Ed.2d 683, and related cases, the judgment convicting The Birmingham Post Herald Newspaper and its reporter, Greg McDonald, for contempt of court is hereby reversed, and judgment is here rendered discharging the newspaper and the reporter from the fine and sentence imposed by the lower court. Said fine and sentence are hereby vacated...

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