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FLYNT v. RUMSFELD

No. 03-5075.

355 F.3d 697 (2004)

Larry FLYNT and L.F.P., Inc., Appellants, v. Donald H. RUMSFELD, In his official capacity as Secretary of Defense and Department of Defense, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2004.

Attorney(s) appearing for the Case

Paul J. Cambria, Jr. argued the cause for appellants. With him on the briefs were Roger W. Wilcox, Jr. and John G. Perazich.

Michael S. Raab, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Mark B. Stern, Attorney, U.S. Department of Justice.

Before: EDWARDS, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Larry Flynt and L.F.P., Inc. (the company that publishes Hustler magazine) (collectively "Flynt" or "appellants") sued Donald H. Rumsfeld, Secretary of Defense, and the United States Department of Defense ("DOD") seeking, inter alia, injunctive relief against interference with its exercise of a claimed First Amendment right of the news media to have access to U.S...

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