The COPLEY PRESS, INC., Field Enterprises, Inc., and Los Angeles Times-Washington Post News Service, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Newspaper Publishers Association et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 25, 1971.
Decided May 12, 1971.
Attorney(s) appearing for the Case
Mr. Aloysius B. McCabe, Washington, D. C., with whom Messrs. Donald C. Beelar, John L. Bartlett, Washington, D. C., Gerald D. Stern and Robert D. Larsen, New York City, were on the brief, for petitioners.
Miss Katrina Renouf, Counsel, Federal Communications Commission, for respondents. Messrs. John H. Conlin, Associate General Counsel, Edward J. Kuhlmann, Counsel, Federal Communications Commission, and Howard E. Shapiro, Atty., Department of Justice, were on the brief for respondents. Mr. Henry Geller, General Counsel, Federal Communications Commission, at the time the record was filed, also entered an appearance for respondents.
Mr. Hugh B. Cox, Washington, D. C., with whom Mr. Michael Boudin, Washington, D. C., was on the brief, for intervenor, American Telephone and Telegraph Co.
Mr. Donald C. Beelar, Washington, D. C., was on the brief for intervenor, American Newspaper Publishers Assn. Mr. Aloysius B. McCabe, Washington, D. C., also entered an appearance for intervenor, American Newspaper Publishers Assn.
Messrs. Donald C. Beelar and John L. Bartlett, Washington, D. C., were on the brief for intervenor, The Associated Press.
Messrs. Harry J. Ockershausen, Washington, D. C., and John R. Baskin, Cleveland, Ohio, were on the brief for intervenor, United Press International, Inc.
Mr. Jack Werner, Washington, D. C., was on the brief for intervenor, Western Union Telegraph Co., Mr. Bartley A. Brennan, Washington, D. C., also entered an appearance for intervenor. Western Union Telegraph Co.
Before TAMM, ROBB and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
TAMM, Circuit Judge:
In this case we are asked by petitioners1 to review a decision2 of the Federal Communications Commission (hereinafter "the Commission") sustaining an initial decision of its examiner following evidentiary hearings. The issue to be determined is whether the Commission was correct in not affording press users rates more advantageous than those paid by all other commercial customers for certain...
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