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RESIDENT PARTICIPATION OF DENVER, INCORPORATED v. LOVE

Civ. A. No. C-2548.

322 F.Supp. 1100 (1971)

RESIDENT PARTICIPATION OF DENVER, INCORPORATED, a Colorado non-profit corporation; N.O.D., Incorporated, a Colorado non-profit corporation, Plaintiffs, v. John LOVE, individually and as Governor of the State of Colorado, Duke W. Dunbar, individually and as Attorney General of the State of Colorado, James D. McKevitt, individually and as District Attorney for the City and County of Denver, Colorado, the Denver Publishing Company, a Colorado corporation, the Denver Post, Inc., a Colorado corporation, Defendants.

United States District Court, D. Colorado.

February 8, 1971.

Attorney(s) appearing for the Case

Howard I. Rosenberg, James H. Seckinger, David R. Lass, Allan S. Reiver and Thomas E. Frank, and James E. Rode and Joseph E. Meyer, Denver, Colo., for plaintiffs.

Eugene C. Cavaliere, Asst. Atty. Gen., Denver, Colo., for John A. Love and Duke W. Dunbar.

Thomas P. Casey, Deputy Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., and Jarvis W. Seccombe, Chief Deputy Dist. Atty., Denver, Colo., for James D. McKevitt.

Winner, Berge, Martin & Clark by Warren O. Martin, Denver, Colo., for The Denver Publishing Co.

Van Cise, Freeman, Tooley & McLearn by Edwin P. Van Cise, Denver, Colo., for The Denver Post, Inc.

Before HILL, Circuit Judge, ARRAJ and DOYLE, District Judges.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

The principal question before us is whether a newspaper's refusal to print an advertisement violates the first amendment to the United States Constitution.

About six months ago plaintiffs began a campaign to prevent construction in Denver of a plant for cutting up the carcasses of animals, an operation which plaintiffs fear would be accompanied by such "stench and filth" as to make living within reach...

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