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CAPITAL BROADCASTING COMPANY v. MITCHELL

Civ. A. No. 3495-70.

333 F.Supp. 582 (1971)

CAPITAL BROADCASTING COMPANY et al., Plaintiffs, v. John MITCHELL, Attorney General of the United States, and Thomas Flannery, United States Attorney for the District of Columbia, Defendants.

United States District Court, District of Columbia.

October 14, 1971.

Attorney(s) appearing for the Case

Paul Dobin and Ian D. Volner, Washington, D. C., for plaintiffs.

Patrick Gray, III, Asst. Atty. Gen., Thoma Flannery, U. S. Atty., Gil Zimmerman, Joseph Hannon, Asst. U. S. Attys., and William S. Mount, Department of Justice, Washington, D. C., for defendants.

Before WRIGHT, Circuit Judge, and GASCH and GREEN, District Judges.

MEMORANDUM OPINION

GASCH, District Judge.

Petitioners, six corporations which operate radio stations under licenses granted by the Federal Communications Commission, seek to enjoin enforcement of Section 6 of the Public Health Cigarette Smoking Act of 1969 and to have Section 6 declared violative of the First and Fifth Amendments to the Constitution. The National Association of Broadcasters has been permitted to intervene.

The Court requested Professor...

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