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MOLDEA v. NEW YORK TIMES CO.

No. 92-7065.

22 F.3d 310 (1994)

Dan E. MOLDEA, Appellant, v. NEW YORK TIMES COMPANY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 1994.

Attorney(s) appearing for the Case

Roger C. Simmons argued the cause and filed the briefs for the appellant.

Bruce W. Sanford argued the cause for appellee. With him on the brief were Henry S. Hoberman, and Matthew G. Weber.

Before: MIKVA, Chief Judge, WALD and EDWARDS, Circuit Judges.

On Appellee's Petition for Rehearing

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

I often have been struck by Justice Stewart's concurring statement in Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235, 90 S.Ct. 1583, 26 L.Ed.2d 199 (1970), a case in which the Court reconsidered and overruled an earlier decision. Justice Stewart remarked that...

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