MICH. CITIZENS FOR AN INDEP. PRESS v. THORNBURGH

No. 88-5286.

868 F.2d 1285 (1989)

MICHIGAN CITIZENS FOR AN INDEPENDENT PRESS, et al., Appellants v. Richard THORNBURGH, United States Attorney General, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1989.

Rehearing Denied February 24, 1989.


Attorney(s) appearing for the Case

William B. Schultz, with whom David C. Vladeck and Alan B. Morrison, Washington, D.C., were on the brief, for appellants.

Clark M. Clifford, with whom Robert A. Altman, Robert P. Reznick, Philip A. Lacovara and Gerald Goldman, Washington, D.C., were on the brief, for appellee The Detroit Free Press, Inc.

Douglas Letter, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Washington, D.C., were on the brief, for appellee Thornburgh, Atty. Gen., et al. Robert K. Kopp also entered an appearance for the Atty. Gen.

Lawrence J. Aldrich, John Stuart Smith, and Gordon L. Lang, Washington, D.C., were on the brief, for appellee The Detroit News, Inc.

Paul L. Friedman and Anne D. Smith, Washington, D.C., were on the brief, for amicus curiae Little Rock Newspapers, Inc. urging reversal.

W. Terry Maguire and Claudia James, Washington, D.C., were on the brief, for amicus curiae American Newspaper Publishers Ass'n urging affirmance.

Before ROBINSON, RUTH BADER GINSBURG, and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Circuit Judge RUTH BADER GINSBURG.

SILBERMAN, Circuit Judge:

This case presents a challenge to a decision and order of the Attorney General, pursuant to the Newspaper Preservation Act ("NPA"), 15 U.S.C. §§ 1801-1804 (1982), approving a joint operating arrangement between the Detroit Free Press and Detroit News newspapers. Appellants, which include Michigan...

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