SHOPCO DISTRIBUTING CO., INC. v. COMMANDING GENERAL OF MARINE CORPS BASE, CAMP LEJEUNE, N.C.

No. 88-2974.

885 F.2d 167 (1989)

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

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1989.

Rehearing and Rehearing Denied November 8, 1989.


Attorney(s) appearing for the Case

Jeffrey Stephen Miller, Jacksonville, N.C., for plaintiff-appellant.

Margaret Person Currin, U.S. Atty., Paul M. Newby, Asst. U.S. Atty., Lieutenant Colonel Lawrence B. Hagel, Judge Advocate, U.S. Marine Corps (Commander Malvern F. King, JAGC, U.S. Navy, on brief), General Litigation Div., Office of the Judge Advocate General of the Navy, for defendant-appellee.

Before HALL, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.


Rehearing and Rehearing In Banc Denied November 8, 1989.

ELLIS, District Judge:

This case raises important questions concerning the scope of first amendment protection on military bases. The Globe is the Civilian Enterprise Newspaper1 ("CEN") on the Camp Lejeune Marine Corps Base in Onslow County, North Carolina. Camp Lejeune's Commanding General granted The Globe preferential distribution rights over other non-subscription...

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