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CITY OF TRENTON v. F. C. C.

Nos. 18412, 18413.

441 F.2d 1329 (1971)

The CITY OF TRENTON, Teleprompter Corporation and Teleprompter New Jersey Cable Network, Inc. v. FEDERAL COMMUNICATIONS COMMISSION et al. Appeal of TELEPROMPTER CORPORATION. Appeal of TELEPROMPTER NEW JERSEY CABLE NETWORK, INC.

United States Court of Appeals, Third Circuit.

Decided April 30, 1971.

Attorney(s) appearing for the Case

John P. Cole, Jr., Cole, Zylstra & Raywid, Washington, D. C., for appellants.

Irwin Goldbloom, Dept. of Justice, Washington, D. C., (William D. Ruckelshaus, Asst. Atty. Gen., Frederick B. Lacey, U. S. Atty., Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before KALODNER, MURRAH and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

Did the District Court err in dismissing, for lack of subject matter jurisdiction, the appellants' Complaint which alleged that the Federal Communications Commission ("FCC") had violated appellants' constitutional guarantees of freedom of speech and due process in the Commission's application of its Rule 74.1105 to appellants' proposal to operate a community antenna television system in Trenton, New Jersey?<...

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