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PENGUIN BOOKS USA INC. v. WALSH

No. 90 Civ. 7636 (JFK).

756 F.Supp. 770 (1991)

PENGUIN BOOKS USA INC. and Jeffrey R. Toobin, Plaintiffs, v. Lawrence E. WALSH, Independent Counsel, and Office of Independent Counsel, Defendants.

United States District Court, S.D. New York.

January 31, 1991.

Attorney(s) appearing for the Case

Frankfurt, Garbus, Klein & Selz, New York City (Martin Garbus, Maura J. Wogan, of counsel), for plaintiff, Penguin Books USA Inc.

Cravath, Swaine & Moore, New York City (David Boies, Robert H. Baron, of counsel), Howard, Darby & Levin, New York City (Aaron R. Marcu, of counsel), for plaintiff, Jeffrey R. Toobin.

Guy Miller Struve, New York City (Bryan Blaney, Michael D. Vhay, of counsel), for defendants.

FINDINGS OF FACT and CONCLUSIONS OF LAW

KEENAN, District Judge:

This action was instituted by plaintiffs Penguin Books USA Inc. ("Penguin") and Jeffrey R. Toobin ("Toobin"), seeking certain equitable relief concerning the proposed publication of a book entitled Opening Arguments: A Young Lawyer's First Case — United States v. Oliver North ("Opening Arguments"). Opening Arguments, authored by Toobin, is scheduled to be published...

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