AERONAUTICAL RADIO, INC., Air Transport Association of America, Aircraft Owners and Pilots Association, Braniff Airways, Incorporated, Heart O' Wisconsin Broadcasters, Inc., David Ingle, Jr., Lake Central Airlines, Inc., North Central Airlines, Inc., Northwest Airlines, Inc., United Air Lines, Inc., Petitioners,
v.
UNITED STATES of America and Federal Communications Commission, Respondents,
American Trucking Associations, Inc., National Association of Broadcasters, American Merchant Marine Institute, Inc., American Radio Relay League, Incorporated, Intervenors.
United States Court of Appeals Seventh Circuit.https://leagle.com/images/logo.png
July 10, 1964.
July 10, 1964.
Attorney(s) appearing for the Case
Donald C. Beelar, Washington, D. C., John C. Butler, Chicago, Ill., Owen M. Johnson, Jr., Chicago, Ill., James M. Johnstone, Washington, D. C., for petitioners, John S. Yodice, Washington, D. C., of counsel for Aircraft Owners and Pilots Assn., John E. Stephen, Washington, D. C., of counsel for Air Transport Assn. of America.
Lionel Kestenbaum, Dept. of Justice, Daniel R. Ohlbaum, Associate Gen. Counsel, Max D. Paglin, Gen. Counsel, Joel H. Levy, Counsel, F.C.C., Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., George R. Kucik, Atty., Dept of Justice, Washington, D. C., for respondents.
Jeremiah Courtney, Arthur Blooston, Washington, D. C., for intervenor, American Trucking Assns., Inc.
Robert M. Booth, Jr., Washington, D. C., for intervenor, The American Radio Relay League, Inc.
Cornelius P. Coughlan, New York City, for intervenor, American Merchant Marine Institute, Inc.
Douglas A. Anello, Washington, D. C., for intervenor American Merchant Marine Institute, Inc.
Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.
United States Court of Appeals Seventh Circuit.
KILEY, Circuit Judge.
The issues raised by this joint petition to review1 an order2 of the Federal Communications Commission establishing a comprehensive schedule of license fees are: I. whether the Order is based on an unconstitutional and invalid delegation of legislative power; and II. whether, if constitutional, the power was exercised in such manner as to render the schedule void. We decide the issues...
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