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UNITED STATES v. WHAS, INC.

No. 17429.

385 F.2d 784 (1967)

UNITED STATES of America, Plaintiff-Appellant, v. WHAS, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 5, 1967.

Attorney(s) appearing for the Case

Walter H. Fleischer, Dept. of Justice, Washington, D. C., for appellant, Barefoot Sanders, Asst. Atty. Gen., David L. Rose, Harvey L. Zuckman, Attys., Dept. of Justice, Washington, D. C., Ernest W. Rivers, U. S. Atty., Louisville, Ky., on brief, Henry Geller, Gen. Counsel, Hilburt Slosberg, Associate Gen. Counsel, Barbara B. O'Malley, Counsel, F. C. C., of counsel, Carl Eardley, Acting Asst. Atty. Gen., John C. Eldridge, Harvey L. Zuckman, Attys., Dept. of Justice, Washington, D. C., on reply brief.

Edgar A. Zingman, Louisville, Ky., for appellee, Wilson W. Wyatt, A. Wallace Grafton, Jr., Louisville, Ky., on brief, Wyatt, Grafton & Sloss, Louisville, Ky., of counsel.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

In what appears to us to be a first impression decision, the Federal Communications Commission ruled by a closely divided vote that television station WHAS had "willfully" violated the Federal Communications Act, 47 U.S.C. § 317 (a) (1964), and a Regulation of the FCC, 47 C.F.R. § 3.654(c) (1963), now, 47 C.F.R. § 73.654(f) (1967). The FCC declared a forfeiture of $1,000 as a result.

On WHAS's refusal to pay the forfeiture...

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