Eugene J. McCARTHY, United States Senator, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Columbia Broadcasting System, Inc., American Broadcasting Companies, Inc., and National Broadcasting Company, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued on Motion February 15, 1968.
Decided February 19, 1968.
Attorney(s) appearing for the Case
Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. Benedict P. Cottone and John Silard, Washington, D. C., were on petitioner's motion for summary reversal, for petitioner.
Mr. Henry Geller, General Counsel, Federal Communications Commission, with whom Messrs. John H. Conlin, Associate General Counsel, and Robert D. Hadl, Counsel, Federal Communications Commission, and Asst. Atty. Gen. Donald F. Turner and Mr. Howard E. Shapiro, Attorney, Department of Justice, were on respondents' opposition to motion for summary reversal, for respondents. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for respondent Federal Communication Commission.
Mr. J. Roger Wollenberg, Washington, D. C., with whom Messrs. Lloyd N. Cutler, Timothy B. Dyk, Daniel Marcus and Robert A. Warden, Washington, D. C., were on the opposition to motion for summary reversal, for intervenor Columbia Broadcasting System, Inc.
Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, Washington, D. C., were on the opposition to motion for summary reversal for intervenor American Broadcasting Companies, Inc.
Messrs. Howard Monderer and Donald J. Mulvihill, Washington, D. C., were on the opposition to motion for summary reversal for intervenor National Broadcasting Co., Inc.
Before FAHY, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
PER CURIAM.
Following a practice that began in 1962 with a year-end interview with President Kennedy, the three major television networks, on December 19, 1967, carried a joint hour-long interview with President Johnson. Senator Eugene J. McCarthy, who had prior to that broadcast announced his own candidacy for the Democratic Party's presidential nomination, requested "equal time" on the ground that President Johnson was a legally qualified candidate for the same...
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