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FLYNT v. WEINBERGER

No. 84-5558.

762 F.2d 134 (1985)

Larry FLYNT, Publisher, et al., Appellants, v. Caspar W. WEINBERGER, individually and as Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1985.

Attorney(s) appearing for the Case

H. Richard Mayberry, Jr., Washington, D.C., with whom Jonathan I. Epstein and Stephen M. Griffin, Washington, D.C., were on the brief, for appellants.

John M. Rogers, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and John F. Cordes, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellees. Barbara L. Herwig, Washington, D.C., entered an appearance for appellees.

Before EDWARDS and STARR, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.

Opinion for the Court PER CURIAM.

Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.

PER CURIAM:

This suit, for injunctive and declaratory relief, challenges the decision of the United States to prohibit press coverage of the initial stages of the United States military intervention in Grenada which began on October 25, 1983. In their complaint, the appellants, Larry Flynt and Larry Flynt Publications, Inc., sought a declaratory

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