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WASHINGTON FREE COM. v. STATE'S ATTY. OF MONTGOMERY CO., MD.

Civ. No. 20610.

310 F.Supp. 436 (1970)

The WASHINGTON FREE COMMUNITY v. The STATE'S ATTORNEY OF MONTGOMERY COUNTY, MARYLAND; Attorney General of Maryland; Special Assistant Attorney General in Charge of Subversive Activities.

United States District Court, D. Maryland.

February 5, 1970.

Attorney(s) appearing for the Case

Joseph Forer, Washington, D. C., and Harold Buchman, Baltimore, Md.. for plaintiff

Francis B. Burch, Atty. Gen., of the State of Maryland, Alfred J. O'Ferrall, III, Edward F. Borgerding and Robert A. DiCicco, Asst. Attys. Gen., Baltimore, Md., for defendants.

Before SOBELOFF, Circuit Judge, and THOMSEN and NORTHROP, District Judges.

THOMSEN, District Judge:

Plaintiff, which publishes an "underground" newspaper known as The Washington Free Press, seeks a judgment (1) declaring that §§ 2, 3, 5, 7, 8 and 9 and portions of § 6 of Article 85A of the Maryland Code (generally known as the Ober Act) are unconstitutional and may not validly be enforced; (2) enjoining defendants, the State's Attorney of Montgomery County, Maryland, the Attorney General of Maryland, and the Special Assistant...

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