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BUCKEYE CABLEVISION, INC. v. UNITED STATES

No. 20152.

438 F.2d 948 (1971)

BUCKEYE CABLEVISION, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, D. H. Overmyer Telecasting Company, Inc., Intervenor.

United States Court of Appeals, Sixth Circuit.

February 23, 1971.

Attorney(s) appearing for the Case

John D. Matthews, Washington, D. C., for petitioner; James L. Kelley, Dow, Lohnes & Albertson, Washington, D. C., on brief.

Stuart F. Feldstein, Counsel, F. C. C., Washington, D. C., for respondents; Henry Geller, Gen. Counsel, John H. Conlin, Associate General Counsel, F. C. C., Washington, D. C., Richard W. McLaren, Asst. Atty. Gen., George B. Hovendon, Atty., Dept. of Justice, Washington, D. C., on brief.

Herbert M. Schulkind, Washington, D. C., for intervenor; Howard Jay Braun, Fly, Shuebruk, Blume & Gaguine, Washington, D. C., on brief.

Before: EDWARDS, CELEBREZZE and BROOKS, Circuit Judges.

BROOKS, Circuit Judge.

Petitioner, Buckeye Cablevision, Inc., seeks review of an order issued by the Federal Communications Commission on December 2, 1969. The order denied reconsideration of an earlier Commission order (December 24, 1968) which interpreted a December, 1967 pro tem ruling as prohibiting Buckeye from providing television signals of stations in the Detroit-Windsor area to new subscribers on Buckeye's Community Antenna Television (CATV) system...

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