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PERSONS FOR FREE SPEECH AT SAC v. U. S. AIR FORCE

No. 81-1608.

675 F.2d 1010 (1982)

PERSONS FOR FREE SPEECH AT SAC, Anne Else, Appellants, v. UNITED STATES AIR FORCE, Col. John R. McKone, Maj. Gary Trout, in their official capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1982.

Attorney(s) appearing for the Case

Michael D. Gooch, Papillion, Neb., on brief, for appellants.

Thomas D. Thalken, U. S. Atty. for the District of Neb., and David A. Kubichek, Asst. U. S. Atty., Omaha, Neb., and Gary Krajewski, Legal Intern, on brief, for appellees.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges, en banc.

ROSS, Circuit Judge.

Persons for Free Speech at SAC and Anne Else, appellants, appeal an order of the district court1 which held that the United States Air Force could constitutionally refuse to allow appellants to participate in the annual open house held at Offutt Air Force Base near Bellevue, Nebraska. We affirm.

I. Background

Offutt Air Force Base (OAFB) is a military installation which, among other things...

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