AMERICAN CIVIL LIBERTIES UNION v. F. C. C.

No. 73-1346.

486 F.2d 411 (1973)

The AMERICAN CIVIL LIBERTIES UNION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

September 24, 1973.


Attorney(s) appearing for the Case

Joseph A. Marino, Associate Gen. Counsel, Gregory M. Christopher, F. C. C., and Howard E. Shapiro, Atty., Dept. of Justice, were on the motions to dismiss and to transfer for respondents.

Dennis Grossman and Albert H. Kramer, Washington, D. C., were on the opposition to the motions for petitioner.

Before FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.


FAHY, Senior Circuit Judge:

The Federal Communications Commission has moved to dismiss as untimely a petition filed by the American Civil Liberties Union to review a Commission order denying a rehearing, or to transfer the petition to the Court of Appeals for the Ninth Circuit. For reasons to be stated we deny the motion to dismiss and grant the motion to transfer.

I

A petition for review of an order of the Commission must be filed within 60 days...

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