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BROWN v. PALMER

No. 88-2450.

915 F.2d 1435 (1990)

Joan BROWN; Donna R. Johnson; Susan Matarrese; Geoffrey Parker; Mary Lynn Sheetz; Peter Sprunger-Froese, Plaintiffs-Appellees, v. Colonel James O. PALMER, Base Commander of Peterson Air Force Base, Colorado, and Colonel Eugene T.M. Cullinane, Commander, Headquarters, 3rd Space Support Wing (Afspacecom) Peterson Air Force Base, Colorado, as officers and agents of the United States Air Force, an agency of the United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Order on Rehearing and Rehearing Granted November 6, 1990.

Attorney(s) appearing for the Case

Patricia M. Bryan (John R. Bolton, Asst. Atty. Gen., Washington, D.C., Michael J. Norton, U.S. Atty., Denver, Colo., and Anthony J. Steinmeyer and Robert K. Rasmussen, Attys., Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., on the briefs), for defendants-appellants.

Newman E. McAllister, (Donald E. King with him on the brief), Colorado Springs, Colo., for plaintiffs-appellees.

Hilary Holland, Westminster, Colo., and David Miller, Denver, Colo., filed a brief for amicus curiae American Civil Liberties Union of Colo.

Before MOORE, BRORBY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This is an appeal from the district court's July 20, 1988 judgment declaring that certain bar letters were issued to plaintiffs in violation of their First Amendment rights. 689 F.Supp. 1045. The bar letters were issued after plaintiffs refused to cease distributing leaflets at Peterson Air Force Base ("Peterson AFB") in Colorado Springs, Colorado, during open houses held in 1985 and 1986 to celebrate Armed...

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