Swarner v. United States

937 F.2d 1478 Tom SWARNER, and Jane Swarner, and the marital community thereof, et al.; the Ranger Publishing Company, Inc., a Washington corporation, Plaintiffs-Appellees, v. UNITED STATES of America; Richard Cheney, Secretary of the Department of Defense; Larry Else; Michael P.W. Stone, Secretary of the Department of the Army; Callum A.H. Waller, Commander, Fort Lewis, Defendants-Appellants, and Robinson Publishing Corporation, a Washington corporation, Defendant. No. 90-35444. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1991. Decided July 5, 1991. Peter R. Maier, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants. Guy J. Sternal, Eisenhower, Carlson, Newlands, Reha, Henriot & Quinn, Tacoma, Wash., for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, FARRIS and THOMPSON, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 In this appeal from summary judgment we decide two issues. We first consider whether the Army must treat The Ranger, a weekly newspaper, as a paid subscription publication and permit its door-to-door distribution in Army post…