U. S. v. SOUTHWESTERN CABLE CO.

No. 363.

392 U.S. 157 (1968)

UNITED STATES ET AL. v. SOUTHWESTERN CABLE CO. ET AL.

Supreme Court of United States.

Decided June 10, 1968.


Attorney(s) appearing for the Case

Henry Geller argued the cause for the United States et al. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Turner, Francis X. Beytagh, Jr., Howard E. Shapiro, and Daniel R. Ohlbaum.

Ernest W. Jennes argued the cause for petitioners in No. 428. With him on the briefs was Charles A. Miller.

Arthur Scheiner argued the cause for respondent Southwestern Cable Co. in both cases. With him on the brief were Morton H. Wilner and Harold F. Reis. Robert L. Heald argued the cause for respondents Mission Cable TV, Inc., et al. in both cases. With him on the brief were Frank U. Fletcher, Edward F. Kenehan, and James P. Riley.

Michael Finkelstein filed a brief for the All-Channel Television Society, as amicus curiae, urging reversal.

Briefs of amici curiae, urging affirmance, were filed by Robert A. Marmet, Thomas W. Wilson, John D. Matthews, and Robert H. Young for the Alice Cable Television Corp. et al., and by Wayne W. Owen, Harry M. Plotkin, and George H. Shapiro for the Black Hills Video Corp. et al.


MR. JUSTICE HARLAN delivered the opinion of the Court.

These cases stem from proceedings conducted by the Federal Communications Commission after requests by Midwest Television1 for relief under §§ 74.11072 and 74.11093 of the rules promulgated by the Commission for the regulation of community antenna television (CATV) systems...

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