COMMUNITY SERVICE, INC. v. UNITED STATES

No. 18653.

418 F.2d 709 (1969)

COMMUNITY SERVICE, INC., and Consolidated Television Cable Co., Petitioners, v. UNITED STATES of America and Federal Communications Commission, Respondents. Kentucky Central Television, Inc., and WLEX-TV, Inc., Intervenors.

United States Court of Appeals Sixth Circuit.

November 12, 1969.


Attorney(s) appearing for the Case

Arthur Stambler, Washington, D. C., Jason L. Shrinsky, Washington, D. C., on brief, for petitioners.

Lenore G. Ehrig, Federal Communications Commission, Washington, D. C., Edwin M. Zimmerman, Asst. Atty. Gen., Gregory B. Hovendon, Atty., Department of Justice, Washington, D. C., Henry Geller, Gen. Counsel, John H. Conlin, Associate Gen. Counsel, Joseph A. Marino, Counsel, Federal Communications Commission, Washington, D. C., on brief, for respondents.

George H. Shapiro, Washington, D. C., Earl S. Wilson, Edwin F. Schaeffer, Jr., Lexington, Ky., Harry M. Plotkin, Washington, D. C., on brief; Kincaid, Wilson & Trimble, Lexington, Ky., Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., of counsel, for intervenors.

Before O'SULLIVAN, PHILLIPS and COMBS, Circuit Judges.


O'SULLIVAN, Circuit Judge.

Community Service, Inc. and Consolidated Television Cable Co. both operators of CATV (community antenna television1) systems in Frankfort, Kentucky, have filed petitions for review, under 47 USC § 402(a), of decisions of the Federal Communications Commission entered April 18, 1967. These decisions denied petitioners' requests for waiver of the FCC's so-called "non...

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