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ASHCRAFT v. CONOCO, INC.

Nos. 98-1213, 98-1449, 98-1212, 98-1458, 98-1448.

218 F.3d 288 (2000)

Hurshel L. ASHCRAFT, et al., Plaintiffs, v. CONOCO, INCORPORATED, Defendant-Appellee, Wilmington Star-News, Incorporated, Appellant, and Kayo Oil Company; Triangle Facilities, Incorporated, Defendants. Associated Press; The News & Observer; The Charlotte Observer; The Baltimore Sun Company; Richmond Times-Dispatch; The McGraw-Hill Companies, Incorporated; The Washington Post; Gannett Company, Incorporated; Dow Jones and Company, Incorporated; North Carolina Press Association; The Reporters Committee for Freedom of the Press, Amici Curiae. Hurshel L. Ashcraft, et al., Plaintiffs, v. Conoco, Incorporated, Defendant-Appellee, Kirsten B. Mitchell, Appellant, and Kayo Oil Company; Triangle Facilities, Incorporated, Defendants. Associated Press; The News & Observer; The Charlotte Observer; The Baltimore Sun Company; Richmond Times-Dispatch; The McGraw-Hill Companies, Incorporated; The Washington Post; Gannett Company, Incorporated; Dow Jones and Company, Incorporated; North Carolina Press Association; The Reporters Committee for Freedom of the Press, Amici Curiae. Hurshel L. Ashcraft, et al., Plaintiffs, v. Conoco, Incorporated, Defendant-Appellee, Wilmington Star-News, Incorporated, Appellant, and Kayo Oil Company; Triangle Facilities, Incorporated, Defendants. Associated Press; The News & Observer; The Charlotte Observer; The Baltimore Sun Company; Richmond Times-Dispatch; The McGraw-Hill Companies, Incorporated; The Washington Post; Gannett Company, Incorporated; Dow Jones and Company, Incorporated; North Carolina Press Association; The Reporters Committee for Freedom of the Press, Amici Curiae. Hurshel L. Ashcraft, et al., Plaintiffs, v. Conoco, Incorporated, Defendant-Appellee, Kirsten B. Mitchell, Appellant, and Kayo Oil Company; Triangle Facilities, Incorporated, Defendants. Associated Press; The News & Observer; The Charlotte Observer; The Baltimore Sun Company; Richmond Times-Dispatch; The McGraw-Hill Companies, Incorporated; The Washington Post; Gannett Company, Incorporated; Dow Jones and Company, Incorporated; North Carolina Press Association; The Reporters Committee for Freedom of the Press, Amici Curiae. United States of America, Plaintiff-Appellee, v. Kirsten B. Mitchell, Defendant-Appellant, Associated Press; The News & Observer; The Charlotte Observer; The Baltimore Sun Company; Richmond Times-Dispatch; The McGraw-Hill Companies, Incorporated; The Washington Post; Gannett Company, Incorporated; Dow Jones and Company, Incorporated; North Carolina Press Association; The Reporters Committee for Freedom of the Press, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2000.

Attorney(s) appearing for the Case

ARGUED: Floyd Abrams, Cahill, Gordon & Reindel, New York, New York, for Appellants. Jonathan Drew Sasser, Moore & Van Allen, P.L.L.C., Raleigh, North Carolina, for Appellee Conoco; David William Long, Poyner & Spruill, L.L.P., Raleigh, North Carolina, for Appellee United States. ON BRIEF: Landis C. Best, Cahill, Gordon & Reindel, New York, New York; George Freeman, Assistant General, The New York Times Co., New York, New York; Mark J. Prak, Brooks, Pierce, Mclendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina; Stephen T. Smith, Mcmillan, Smith & Plyler, Raleigh, North Carolina, for Appellants. David E. Fox, Andrew B. Cohen, Moore & Van Allen, P.L.L.C., Raleigh, North Carolina; George A. Phair, Senior, Conoco, Inc., Houston, Texas, for Appellee Conoco. Rodney A. Smolla, Marshall-Wythe School of Law, College Of William and Mary, Williamsburg, Virginia, for Amici Curiae.

Before WIDENER and LUTTIG, Circuit Judges, and BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Reversed by published opinion. Judge LUTTIG announced the judgement of the court and wrote an opinion in Parts I, IIB, IIC, and III, in which Judge BLAKE joined, and in Part III, in which Judge Widener joined in part. Judge BLAKE wrote an opinion concurring in part. Judge WIDENER wrote a concurring and dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

The United States District Court for the Eastern District of North Carolina held Kirsten B. Mitchell...

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