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PMG INTERN. DIV. L.L.C. v. RUMSFELD

No. 00-15652.

303 F.3d 1163 (2002)

PMG INTERNATIONAL DIVISION, L.L.C., Plaintiff-Appellant, v. Donald H. RUMSFELD, in his official capacity as the Secretary of Defense; Department of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2002.

Attorney(s) appearing for the Case

Gerald H. Goldstein (argued) and Cynthia Hujar Orr, Goldstein, Goldstein & Hilley, San Antonio, TX, for the Plaintiff-Appellant.

David O. Buchholz, United States Department of Justice, Civil Division, Washington, DC, for the Defendants-Appellees.

Before D.W. NELSON and HAWKINS, Circuit Judges, and FITZGERALD, Senior District Judge.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

Three magazine distributors and three individuals with military affiliations (collectively "PMG") filed suit against the Secretary of Defense and the Department of Defense (collectively "Defendants") to enjoin the enforcement of the Military Honor and Decency Act (the "Act"), which prohibits the sale or rental of sexually explicit material on Department of Defense property...

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