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FRANK v. MINNESOTA NEWSPAPER ASSN., INC.

No. 87-1956.

490 U.S. 225 (1989)

FRANK, POSTMASTER GENERAL OF THE UNITED STATES, ET AL. v. MINNESOTA NEWSPAPER ASSOCIATION, INC.

Supreme Court of United States.

Decided April 25, 1989

Attorney(s) appearing for the Case

Paul J. Larkin, Jr., argued the cause for appellants. With him on the briefs were former Solicitor General Fried, Acting Solicitor General Bryson, Assistant Attorney General Bolton, Deputy Solicitor General Merrill, and Irene M. Solet.

P. Cameron DeVore argued the cause for appellee. With him on the brief were Mark R. Anfinson and Marshall J. Nelson.*

P. Cameron DeVore, Marshall J. Nelson, W. Terry Maguire, Rene P. Milam, Charles V. Hamm, and Jeanne S. Whiteing filed a brief for the American Newspaper Publishers Association et al. as amici curiae.

PER CURIAM.

We initially noted probable jurisdiction of an appeal and a cross-appeal in this matter. 488 U.S. 815 (1988). Appellee filed suit in District Court to bar enforcement of 18 U. S. C. § 1302, based on the First Amendment and the Due Process Clause of the Fifth Amendment. The suit sought declaratory and injunctive relief against the Postmaster General, among others. Section 1302 prohibits the mailing of any...

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