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SHOPCO DISTRIBUTION CO. v. COMMANDING GENERAL

No. 87-112-CIV-4.

696 F.Supp. 1063 (1988)

SHOPCO DISTRIBUTION COMPANY, INC., a North Carolina corporation, Plaintiff, v. The COMMANDING GENERAL OF MARINE CORPS BASE, CAMP LEJEUNE, NORTH CAROLINA, in his official capacity, Defendant.

United States District Court, E.D. North Carolina, New Bern Division.

September 30, 1988.

Attorney(s) appearing for the Case

Jeffrey S. Miller, Jacksonville, N.C., for plaintiff.

Paul M. Newby, Asst. U.S. Atty., Raleigh, N.C., Lt. Col. Lawrence B. Hagel, Judge Advocate, U.S. Marine Corps, for defendant.

ORDER

HOWARD, District Judge.

This matter is before the court on cross motions for summary judgment filed by plaintiff and defendant. At issue in this case is the constitutionality of the order of the Commanding General of the Marine Corps base at Camp Lejeune, North Carolina which grants the Globe, the base Civilian Enterprise Newspaper (hereinafter "CEN"), preferential distribution rights over other non-subscription publications. Plaintiff, publisher...

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