NATIONAL CABLE TELEVISION ASSOCIATION, INC. v. F. C. C.

No. 24786.

479 F.2d 183 (1973)

NATIONAL CABLE TELEVISION ASSOCIATION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 1973.


Attorney(s) appearing for the Case

Charles S. Walsh, Washington, D. C., with whom Gary L. Christensen, Washington, D. C., was on the brief, for appellant.

Leonard Schaitman, Atty., Dept. of Justice, with whom L. Patrick Gray, III, Asst. Atty. Gen., at the time the brief was filed, Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Walter H. Fleischer, Atty., Dept. of Justice, were on the brief, for appellee. Richard E. Wiley, Gen. Counsel, F. C. C. at the time the record was filed, John H. Conlin, Associate Gen. Counsel, F. C. C., and Robert V. Zener, Atty., Dept. of Justice, also entered an appearance for appellee.

Before BAZELON, Chief Judge, ROBINSON, Circuit Judge, and WILLIAM J. JAMESON, Senior U. S. District Judge for the District of Montana.


BAZELON, Chief Judge:

This appeal involves the meaning of the requirement under the Freedom of Information Act that documents be "identifiable" before disclosure is required.1 On March 2, 1970, the National Cable Television Association (NCTA) requested that the Federal Communications Commission allow inspection of several classes of documents that related to a proposed Commission rulemaking. When the Commission refused, the NCTA brought...

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