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DAILY HERALD CO. v. MUNRO

Nos. 84-4005, 84-4063.

758 F.2d 350 (1984)

The DAILY HERALD COMPANY, American Broadcasting Companies, Inc., CBS Inc., National Broadcasting Company, Inc., and the New York Times Company, Plaintiffs-Appellants/Cross-Appellees, v. Ralph MUNRO, in his official capacity as the Secretary of State of the State of Washington, et al., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted October 5, 1984.

Decided November 2, 1984.

As Amended on Denial of Rehearing and Rehearing April 2, 1985.

Attorney(s) appearing for the Case

Floyd Abrams, Cahill, Gordon & Reindel, New York City, for plaintiffs-appellants/cross-appellees.

James M. Johnson, Asst. Atty. Gen., Olympia, Wash., Michael P. McDonald, American Legal Foundation, Washington, D.C., for defendants-appellees/cross-appellants.

Before FARRIS, ALARCON and NORRIS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 2, 1985.

PER CURIAM.

This matter is before us as an expedited appeal.

We must decide whether the district court erred in entering summary judgment on its own motion in this matter in favor of the State of Washington. We conclude that the district court acted improvidently because material issues of fact remain unresolved. There are also questions of law upon which we are reluctant to rule...

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