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CAPLES COMPANY v. UNITED STATES

No. 13415.

243 F.2d 232 (1957)

The CAPLES COMPANY, a corporation, Petitioner, v. The UNITED STATES of America and the Federal Communications Commission, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided March 14, 1957.

Attorney(s) appearing for the Case

Mr. Leonard H. Steibel, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of Court, with whom Messrs. D. F. Prince and Scott P. Crampton were on the brief, for petitioner.

Mr. Daniel R. Ohlbaum, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for respondent, Federal Communications Commission.

Mr. Daniel M. Friedman, Atty., Dept. of Justice, entered an appearance for respondent, United States of America.

Messrs. Robert L. Heald and Walter R. Powell, Jr., filed a brief on behalf of National Ass'n of Radio and Television Broadcasters, as amicus curiae, urging reversal.

Before BAZELON, FAHY and DANAHER, Circuit Judges.

BAZELON, Circuit Judge.

Upon "Application for a Declaratory Ruling," the Federal Communications Commission held that the television giveaway program known as "Play Marko" is a lottery under § 3.656 of the Commission's rules and regulations. The owner of the program, who filed the application, brought this petition for review of the ruling.

"Play Marko" is similar to the familiar game of "Bingo."1 The participating viewers...

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