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ILOWITE v. UNITED STATES

No. 16527.

390 F.2d 589 (1968)

Ralph ILOWITE, Petitioner, v. UNITED STATES of America and the Federal Communications Commission, Respondents.

United States Court of Appeals Third Circuit.

Decided March 5, 1968.

Attorney(s) appearing for the Case

Victor Rabinowitz, Rabinowitz & Boudin, New York City (Leonard B. Boudin, New York City, on the brief), for petitioner.

Lenore Ehrig, Appeals and Research Section, Internal Security Division, U. S. Dept. of Justice, Washington, D. C. (J. Walter Yeagley, Asst. Atty. Gen., Kevin T. Maroney, Atty., Dept. of Justice, Washington, D. C., Henry Geller, Gen. Counsel, John H. Conlin, Assoc. Gen. Counsel, Federal Communications Commission, Washington, D. C., on the brief), for respondents.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The Federal Communications Commission dismissed without prejudice petitioner's applications for amateur and citizen's radio licenses because he refused to answer the Commission's inquiry as to whether he was or had ever been a member of the Communist Party or of any organization or group which advocates or teaches the overthrow of the Government of the United States, or of any political subdivision thereof, by force or violence...

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