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BUCKS COUNTY CABLE TV, INC. v. UNITED STATES

Nos. 17743-17745, 18037.

427 F.2d 438 (1970)

BUCKS COUNTY CABLE TV, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, U. S. Communication Corp., Intervenor. BUCKS COUNTY CABLE TV, INC. v. UNITED STATES of America and the Federal Communications Commission and Robert T. Bartley, Kenneth A. Cox, Rosel H. Hyde, Nicholas Johnson, H. Rex Lee, Robert E. Lee, James J. Wadsworth, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 4, 1970.

Attorney(s) appearing for the Case

John H. Conlin, Federal Communications Commission, Richard W. McLaren, Asst. Atty. Gen., Howard E. Shapiro, Robert B. Nicholson, Attys., Department of Justice, Henry Geller, General Counsel, Katrina Renouf, Atty., Federal Communications Commission, Washington, D. C., for respondents in No. 17743/5 and appellants in No. 18037.

Charles A. Miller, William Malone, Covington & Burling, Washington, D. C., for intervenor in Nos. 17743/5.

Alan J. Davis, Howard Gittis, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for petitioners in Nos. 17743/5 and appellee in No. 18037.

Before HASTIE, Chief Judge, and MARIS and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case presents the question whether the regulatory arrangement promulgated by the Federal Communications Commission (FCC) to control the growth of community antenna television (CATV), has been applied to petitioner-appellee in a manner depriving it of due process. Principally at issue is the application of the FCC's automatic stay provision to the proposed CATV operation of Bucks County Cable TV, Inc. (Bucks...

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