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KOVACH v. MADDUX

Civ. No. 3997.

238 F.Supp. 835 (1965)

Bill KOVACH and Tennessean Newspapers, Inc., Complainants, v. Jared MADDUX, Mickey McGuire, J. J. Jackson, H. D. Ross, Charles Graham, M. E. Kinchum, Delbert S. McCormac, Connie D. Smiley, Joe Williams, Bobby L. Wright, Vernon D. Edison, and Claude R. Greer, Defendants.

United States District Court M. D. Tennessee, Nashville Division.

February 22, 1965.

Attorney(s) appearing for the Case

John Jay Hooker, Jr., Henry W. Hooker, William R. Willis, Jr., and Alfred H. Knight, of Hooker, Hooker & Willis, Nashville, Tenn., for plaintiffs.

George F. McCanless, Atty. Gen. of Tennessee, Milton P. Rice and Thomas E. Fox, Asst. Attys. Gen. of Tennessee, for defendants.

William P. Rogers and William R. Glendon, of Royall, Koegel & Rogers, New York City, for American Society of Newspaper Editors, as amicus curiae, in support of plaintiffs.

E. Bruce Foster, of Frantz, McConnell & Seymour, Knoxville, Tenn., for Roy N. Lotspeich Pub. Co., publisher of the Knoxville Journal, Knoxville, Tenn., who was permitted to appear as amicus curiae and to adopt the brief of American Society of Newspaper Editors in support of plaintiffs.

Edwin F. Hunt, Harris A. Gilbert and Don R. Binkley, Nashville, Tenn., for Joe Pipkin and certain other members of the Tennessee Senate, amici curiae, in support of defendants.

WILLIAM E. MILLER, Chief Judge.

This action was instituted by the plaintiffs against the defendants, the Speaker and Sergeants-at-Arms of the Tennessee State Senate, to have declared void and to enjoin the enforcement of a Senate resolution conditionally excluding the plaintiffs or their representatives from the floor of the Senate for the remainder of its present session. The plaintiff, Tennessean Newspapers, Inc., a Tennessee corporation, is engaged in the publication...

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