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CONNECTICUT COMMITTEE AGAINST PAY TV v. F. C. C.

Nos. 16278, 16315.

301 F.2d 835 (1962)

CONNECTICUT COMMITTEE AGAINST PAY TV, Stanley Warner Management Company, Loew's, Inc., Connecticut Theatres, Manchester Drive-In Theatre Corporation, Outdoor Theatres Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RKO Phonevision Company, Intervenor. CONNECTICUT COMMITTEE AGAINST PAY TV et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, United States of America, Respondents, RKO Phonevision Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 8, 1962.

Attorney(s) appearing for the Case

Mr. Marcus Cohn, Washington, D. C., for appellants in No. 16278 and petitioners in No. 16315.

Mr. Martin Jay Gaynes, Washington, D. C., entered an appearance for appellants in No. 16278 and petitioners in No. 16315.

Mr. Paul Dobin, Washington, D. C., also entered an appearance for petitioners in No. 16315.

Mr. Max D. Paglin, Gen. Counsel, Federal Communications Commission, with whom Mr. Daniel R. Ohlbaum, Asst. Gen. Counsel, Federal Communications Commission, was on the brief, for appellee in No. 16278 and respondent in No. 16315.

Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered an appearance for appellee in No. 16278.

Mr. Richard A. Solomon, Atty., Dept. of Justice, entered an appearance for respondent United States of America in No. 16315.

Mr. Harold David Cohen, Washington, D. C., with whom Mr. W. Theodore Pierson, Washington, D. C., was on the brief, for intervenor.

Mr. Vernon D. Kohlhaas, Washington, D. C., also entered an appearance for intervenor in No. 16278.

Before EDGERTON, BASTIAN and BURGER, Circuit Judges.

BURGER, Circuit Judge.

This matter comes to us on a consolidated proceeding arising out of an appeal under Sec. 402(b) of the Communications Act of 1934, 48 Stat. 1064, as amended, 47 U.S.C.A. § 151 et seq., and on a petition for review under Sec. 402(a) of the Act. Both the appeal and the petition seek review of a Report, Decision and Order of the Federal Communications Commission granting RKO Phonevision Company, the Intervenor authority to conduct a three...

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