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ADULT VIDEO ASS'N v. U.S. DEPT. OF JUSTICE

No. 94-5617.

71 F.3d 563 (1995)

ADULT VIDEO ASSOCIATION; Poe, Inc.; and Roe, Inc., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE; William Barr; Patrick Trueman; Edward Bryant; and Dan L. Newsom, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 7, 1995.

Attorney(s) appearing for the Case

Michael F. Pleasants, James S. Cox & Associates, Memphis, TN, J. Michael Murray (argued and briefed), Steven D. Shafron, Berkman, Gordon, Murray, Palda & DeVan, Cleveland, OH, for Plaintiffs-Appellants.

Robert M. Williams, Jr., Asst. U.S. Attorney, Memphis, TN, Stuart M. Gerson, Barbara L. Herwig, Appellate Staff, Patricia A. Millett (briefed), Mark B. Stern (argued), Civil Division, Kevin Simpson, Vincent M. Garvey, U.S. Department of Justice, Washington, DC, for United States Department of Justice.

Robert M. Williams, Jr., Asst. U.S. Attorney, Memphis, TN, Stuart M. Gerson, Barbara L. Herwig, Appellate Staff, Patricia A. Millett, Civil Division, Kevin Simpson, Vincent M. Garvey, U.S. Department of Justice, Washington, DC, for William Barr, Patrick Trueman, Edward Bryant, Dan L. Newsom, for Defendants-Appellees.

Before: MARTIN and BOGGS, Circuit Judges; HOOD, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Adult Video Association, Poe, Inc., and Roe, Inc., ("Adult Video"), appeal the dismissal of this declaratory judgment action. The district court found that Adult Video lacked standing because it had not alleged a sufficient injury in fact, and that there existed no "case" or "controversy." We agree with the district court that Adult Video has not alleged a sufficient injury or threat of injury, and does not have standing to pursue...

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