GRANIK v. PERRY

No. 26569.

418 F.2d 832 (1969)

Theodore GRANIK, Plaintiff-Appellant. v. John H. PERRY Jr., et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied December 30, 1969.


Attorney(s) appearing for the Case

Paul A. Louis, Sinclair, Louis & Huttoe, Bertha Claire Lee, Miami, Fla., for plaintiff-appellant.

Jack F. Wayman, Jacksonville, Fla., Henry F. Richardson, Jr., Coe, Richardson & Broberg, Palm Beach, Fla., Louis Ossinsky, Jr., Ossinsky & Krol, Daytona Beach, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, GODBOLD, Circuit Judge, and CABOT, District Judge.


Rehearing Denied and Rehearing En Banc Denied December 30, 1969.

GODBOLD, Circuit Judge.

This controversy comes to us after fifteen years of litigation in two federal circuits, in the state courts of Florida, and before the Federal Communications Commission. We affirm the District Court's dismissal of Count I and reverse the summary judgment granted the defendants on Counts II and III.

Appellee Esch owned a radio station in Daytona Beach, Florida....

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