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NEW YORK STATE BROADCASTERS ASS'N v. UNITED STATES

Nos. 633, 634, Docket 32981, 32982.

414 F.2d 990 (1969)

The NEW YORK STATE BROADCASTERS ASSOCIATION, Inc. and Metromedia, Inc., Petitioners, v. UNITED STATES of America and Federal Communications Commission, Respondents.

United States Court of Appeals Second Circuit.

Decided August 11, 1969.

Attorney(s) appearing for the Case

Ephriam London, New York City, (John W. Tabner, Albany, Aaron Cantor, New York City, Franklin S. Bonem, on the brief), for petitioner The New York State Broadcasters Assn., Inc.

Robert A. Dreyer, Short Hills, N. J. (Alfred L. Schwartz, New York City, Thomas J. Dougherty, Washington, D. C., on the brief), for petitioner Metromedia, Inc.

Katrina Renouf, Washington, D. C. (Richard W. McLaren, Asst. Atty. Gen., Gregory B. Hovendon, Atty., U. S. Dept. of Justice, Henry Geller, Gen. Counsel, John H. Conlin, Associate Gen. Counsel, Federal Communications Commission, on the brief), for respondents.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Ruth Kessler Toch, Sol. Gen., Julius L. Sackman, Asst. Atty. Gen., filed an amicus curiae brief on behalf of the State of New York.

Before HAYS and FEINBERG, Circuit Judges, and JAMESON, District Judge.

FEINBERG, Circuit Judge:

The New York State Broadcasters Association, Inc. and Metromedia, Inc. have petitioned for review of a declaratory ruling of the Federal Communications Commission on whether certain proposed broadcasts about the New York State Lottery would violate 18 U.S.C. § 1304, which prohibits broadcasting lottery information, and the Commission's regulations. The Commission specifically ruled as to some types of broadcasts but declined to do so...

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