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JB PICTURES, INC. v. DEPARTMENT OF DEFENSE

No. 93-5194.

86 F.3d 236 (1996)

JB PICTURES, INC., et al., Appellants, v. DEPARTMENT OF DEFENSE and Donald B. Rice, Secretary of the Air Force, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1996.

As Amended June 18, 1996.

Attorney(s) appearing for the Case

Louis M. Bograd, Washington, DC, argued the cause and filed the briefs, for appellants.

Mark B. Stern, Attorney, Department of Justice, argued the cause, for appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General, and Eric H. Holder, Jr., United States Attorney, Washington, DC.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Dover Air Force Base is the site of the only mortuary operated jointly by the military services on the East Coast. For a substantial period before Operation Desert Storm, soldiers killed abroad (for instance, in Lebanon in 1983 and Panama in 1989) returned to the U.S. through Dover. These returns were events open to the public and press and were accompanied by ceremonies...

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