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Ex Parte the Birmingham Post Herald Newspaper and Greg McDonald. (In Re the Birmingham Post Herald Newspaper and Greg McDonald
v.
H.E. Holladay, as Judge of the Circuit Court of Blount County, Alabama.) [Fn]
v.
H.E. Holladay, as Judge of the Circuit Court of Blount County, Alabama.) [Fn]
6 Div. 142.
Court of Criminal Appeals of Alabama.
Sep 27, 1979.
David M. Olive of McMillan Spratling, Birmingham, for petitioners. Charles A. Graddick, Atty. Gen. and John Gibbs, Asst. Atty. Gen., for respondent, H.E. Holladay. Page 1235
James C. Barton and Gilbert E. Johnston, Jr., Birmingham, for amici curiae, the Alabama Press Assn. and the Birmingham News Co.
Published
PER CURIAM.
On authority of Nebraska Press Association v. Stuart, 427 U.S. 539, 96 S.Ct. 2791, 49 L.Ed.2d 683, and related cases, the judgment convicting The Birmingham Post Herald Newspaper and its reporter, Greg McDonald, for contempt of court is hereby reversed, and judgment is here rendered discharging the newspaper and the reporter from the fine and sentence imposed by the lower court. Said fine and sentence are hereby vacated and held for naught.
REVERSED AND RENDERED.
All the Judges concur.