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PENGUIN BOOKS USA INC. v. WALSH

No. 1297, Docket 91-7131.

929 F.2d 69 (1991)

PENGUIN BOOKS USA INCORPORATED; Jeffrey R. Toobin, Plaintiffs-Appellees, v. Lawrence E. WALSH; Office of Independent Counsel, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 27, 1991.

Attorney(s) appearing for the Case

Guy Miller Struve, Davis, Polk & Wardwell, New York City (Seth Richard Lesser, Michael D. Vhay, of counsel), for defendants-appellants.

Robert H. Baron, Cravath, Swaine & Moore, New York City (Brooks R. Burdette, Augustine V. Cheng, Andrew W. Hayes, Cravath, Swaine and Moore, Aaron R. Marcu, Howard Darby & Levin, New York City, of counsel), for plaintiff-appellee Toobin.

Martin Garbus, Frankfurt, Garbus, Klein & Selz, New York City, for plaintiff-appellee Penguin Books USA.

Before KAUFMAN, KEARSE and PRATT, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Faced with proliferating caseloads and essentially static resources, our nation's courts engage in a struggle to assure litigants their rightful day in court. Actions that undermine orderly procedures squander precious public resources and contribute to what is fast becoming a crisis of epic proportions. When parties invoke the judicial process and secure favorable declaratory relief — receiving a court's imprimatur to engage...

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