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

No. 2413.

297 F.Supp. 784 (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.

March 6, 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, Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., for plaintiff.

Joseph R. Cruciani, Asst. U. S. Atty., Charlotte, N. C., Bernard C. O'Neill, Jr., Washington, D. C., for defendants.


STATEMENT OF FACTS

McMILLAN, District Judge.

This case was heard in Charlotte on February 19, 1969 upon the motion of the defendants filed January 31, 1969 to dismiss the complaint upon the ground that this court has no jurisdiction because 47 U.S.C., § 402(b), vests exclusive jurisdiction over this cause in the United States Court of Appeals for the District of Columbia. The court is unable to agree with defendants' contentions; the motion to dismiss...

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