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BARNSTONE v. UNIVERSITY OF HOUSTON, KUHT-TV

No. 81-2011.

660 F.2d 137 (1981)

Gertrude BARNSTONE and Harvey Malyn, Plaintiffs-Appellees, v. The UNIVERSITY OF HOUSTON, KUHT-TV, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Granted November 16, 1981.

Attorney(s) appearing for the Case

Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., Pat Bailey, Houston, Tex., for defendants-appellants.

Marjorie S. Reed, Daniel M. Armstrong, Deputy Gen. Counsel, Linda L. Oliver, F. C. C., Washington, D. C., for amicus curiae F. C. C.

Theodore D. Frank, Washington, D. C., for amicus curiae Public Broadcasting Service.

David H. Berg & Associates, Philip Zelikow, David H. Berg, Houston, Tex., for plaintiffs-appellees.

Before THORNBERRY, REAVLEY and POLITZ, Circuit Judges.

Rehearing En Banc Granted November 16, 1981. See 662 F.2d 1110.

PER CURIAM:

On May 1, 1980, KUHT-TV, a station owned and operated by the University of Houston, announced that it would not air the controversial program, "Death of a Princess," which it had previously scheduled to show on May 12, 1980. Gertrude Barnstone, a resident of Houston, a subscriber to KUHT-TV, and a regular...

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