Attorney(s) appearing for the Case
Robert C. Barnard argued the cause for petitioner. With him on the briefs were R. Michael Duncan and E. Stratford Smith.
Louis Nizer argued the cause for respondent. With him on the brief were Gerald Meyer, Gerald F. Phillips, and Lawrence S. Lesser.
Solicitor General Griswold filed a memorandum for the United States, as amicus curiae.
Bruce E. Lovett filed a brief for the National Cable Television Association, Inc., as amicus curiae, urging reversal.
Briefs of amici curiae, urging affirmance, were filed by Warner W. Gardner, William H. Dempsey, Jr., and Douglas A. Anello for the National Association of Broadcasters; by Ambrose Doskow for Broadcast Music, Inc.; by Michael Finkelstein for the All-Channel Television Society; by Irwin Karp for the Authors League of America, Inc.; by Herman Finkelstein, Simon H. Rifkind, Jay H. Topkis, and Paul S. Adler for the American Society of Composers, Authors and Publishers; by Paul P. Selvin and William Berger for the Writers Guild of America et al., and by Leonard Zissu and Abraham Marcus for the Screen Composers Association of the United States.
Supreme Court of United States.
MR. JUSTICE STEWART delivered the opinion of the Court.
The petitioner, Fortnightly Corporation, owns and operates community antenna television (CATV) systems in Clarksburg and Fairmont, West Virginia.1 There were no local television broadcasting stations in that immediate area until 1957. Now there are two, but, because of hilly terrain, most residents of the area cannot receive the broadcasts of any additional stations by ordinary rooftop...
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