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- SUPREME COURT OF THE UNITED STATES
- --------
- No. A-369
- --------
- IN RE DOW JONES AND COMPANY, INC.
- on application for stay
- [December 5, 1994]
-
- Chief Justice Rehnquist, Circuit Justice.
- On November 3, 1994, the United States Court of
- Appeals for the District of Columbia, Division for
- Appointing Independent Counsels, issued an order
- denying Dow Jones & Company, Inc.'s (Dow Jones)
- -Motion for Disclosure of and Access to Report of Former
- Independent Counsel Robert B. Fiske.- That order was
- filed -under seal,- apparently to prohibit Dow Jones from
- publishing or reporting on the order or its contents.
- Dow Jones subsequently filed a Motion to Unseal the
- November 3, 1994 Order (which has not been ruled on)
- and a Motion for Reconsideration of the November 3,
- 1994 Order.
- On November 22, 1994, Dow Jones filed in this Court
- an Emergency Application for Stay of the November 3,
- 1994 Order, seeking permission only to publish and
- report on the Court of Appeals' order and its contents.
- The following day, the Court of Appeals denied Dow
- Jones' previously filed Motion for Reconsideration by an
- order in which it discussed the November 3, 1994 Order
- and its contents, and gave its reasons for refusing to
- release the report of Independent Counsel Fiske. This
- order was not filed -under seal,- and there is no indica-
- tion that Dow Jones is prohibited from reporting on or
- publishing this order. Because Dow Jones may report
- on and publish this second order, which refers to the
- November 3, 1994 Order and its contents, I believe that
- Dow Jones' Emergency Application for Stay is moot.
-