JEFFERSON STANDARD BROADCASTING COMPANY v. F. C. C.

Civ. A. No. 2413.

305 F.Supp. 744 (1969)

JEFFERSON STANDARD BROADCASTING COMPANY, a corporation, Plaintiff, v. FEDERAL COMMUNICATIONS COMMISSION; Rosel H. Hyde, Chairman; Robert T. Bartley, Robert E. Lee, Kenneth A. Cox, James J. Wadsworth, Nicholas Johnson and H. Rex Lee, Individually and as Members of the Federal Communications Commission, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

September 22, 1969.


Attorney(s) appearing for the Case

Thomas Ashe Lockhart, Cansler & Lockhart, Charlotte, N. C., Welch O. Jordan, Jordan, Wright, Nichols, Caffrey & Hill, William L. Stocks, Greensboro, N. C.; R. Russell Eagan and Kirkland, Ellis, Hodson, Chaffetz & Masters, Washington, D. C., for plaintiff.

Joseph R. Cruciani, Asst. U. S. Atty., Charlotte, N. C., Bernard C. O'Neill, Jr., and Katrina Renauf, Federal Communications Commission, Washington, D. C., for defendants.


McMILLAN, District Judge.

PRELIMINARY STATEMENT

The plaintiff seeks an order requiring the Federal Communications Commission to issue a certificate under 26 U.S.C. § 1071(a), the effect of which will entitle the plaintiff to deferment of taxation of the gain realized from the sale of television station WBTW, Channel 13, in Florence, South Carolina. On motion for summary judgment the court finds that there is no conflict in the evidence as to any fact...

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