SWARNER v. U.S.

No. 90-35444.

937 F.2d 1478 (1991)

Tom SWARNER, and Jane Swarner, and the marital community thereof, et al.; the Ranger Publishing Company, Inc., a Washington corporation, Plaintiffs-Appellees, v. UNITED STATES of America; Richard Cheney, Secretary of the Department of Defense; Larry Else; Michael P.W. Stone, Secretary of the Department of the Army; Callum A.H. Waller, Commander, Fort Lewis, Defendants-Appellants, and Robinson Publishing Corporation, a Washington corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1991.


Attorney(s) appearing for the Case

Peter R. Maier, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Guy J. Sternal, Eisenhower, Carlson, Newlands, Reha, Henriot & Quinn, Tacoma, Wash., for plaintiffs-appellees.

Before WRIGHT, FARRIS and THOMPSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

In this appeal from summary judgment we decide two issues. We first consider whether the Army must treat The Ranger, a weekly newspaper, as a paid subscription publication and permit its door-to-door distribution in Army post housing. We then review the district court's order requiring the Army to release internal news and information to The Ranger immediately, rather than after publication of the Army's own civilian...

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