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UNITED STATES v. McINTIRE

Civ. No. 1367-73.

370 F.Supp. 1301 (1974)

UNITED STATES of America and the Federal Communications Commission, Plaintiffs, v. Reverend Carl McINTIRE et al., Defendants.

United States District Court, D. New Jersey.

February 20, 1974.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty., Frederick W. Klepp, Asst. U. S. Atty., Gilbert S. Fleischer, Atty.-in-Charge, Admiralty and Shipping Section, Dept. of Justice by Warren A. Schneider, New York City, for plaintiff United States.

John W. Pettit, Gen. Counsel, Hilburt Slosberg, Associate Gen. Counsel, D. M. Armstrong, Counsel, Barbara B. O'Malley, Washington, D. C., Counsel, for plaintiff F.C.C.

Alfred R. Pierce, Camden, N. J., Henry Thomas Dolan, Philadelphia, Pa., Benedict P. Cottone, Washington, D. C., Keith Bashaw, Collingswood, N. J., for defendants.

On Plaintiffs' Motion for Judgment on the Pleadings

OPINION

COHEN, Chief Judge:

In this action by the United States and the Federal Communications Commission (FCC), plaintiffs seek to enjoin the operation of an unlicensed radio station broadcasting from a vessel off the New Jersey coast.

While the facts of this dispute are extensively set forth in this court's earlier opinion, wherein defendants' motion to dismiss the complaint was denied, United States v. Reverend Carl McIntire et al.,

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