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CALIFORNIA INTERSTATE TELEPHONE COMPANY v. F. C. C.

No. 17920.

328 F.2d 556 (1964)

CALIFORNIA INTERSTATE TELEPHONE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Union Telegraph Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1964.

Attorney(s) appearing for the Case

Mr. Donald C. Beelar, Washington, D. C., and Mr. James H. Krieger, Riverside, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, for appellant. Mr. Donald L. Gunnels, Washington, D. C., also entered an appearance for appellant.

Mr. Joel H. Levy, Counsel, F. C. C., with whom Messrs. Max D. Paglin, Gen. Counsel, Daniel R. Ohlbaum, Associate Gen. Counsel, and Mrs. Ruth V. Reel, Counsel, F. C. C., were on the brief, for appellee. Mr. Herman I. Branse, Counsel, F. C. C., also entered an appearance for appellee.

Mr. Melvin Richter, Washington, D. C., with whom Messrs. George T. Vogel, New York City, and Jack Werner, Washington, D. C., were on the brief, for intervenor.

Before WILBUR K. MILLER, BASTIAN and WRIGHT, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Under contract with the National Aeronautics and Space Administration, Jet Propulsion Laboratories (a division of California Institute of Technology) operates the Administration's Deep Space Instrumentation Facility in an area owned by the Federal Government called Goldstone, in California, north of Barstow. The Goldstone facility is a ground station which receives data from and transmits commands to unmanned spacecraft. Data received...

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