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NEW JERSEY STATE LOTTERY COMMISSION v. UNITED STATES

No. 72-1878.

491 F.2d 219 (1974)

NEW JERSEY STATE LOTTERY COMMISSION, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Commonwealth of Pennsylvania and State of New Hampshire, Intervenors.

United States Court of Appeals, Third Circuit.

Submitted November 15, 1973.

Decided January 2, 1974.

Attorney(s) appearing for the Case

George F. Kugler, Jr., Atty. Gen., of New Jersey, Stephen Skillman, Alfred L. Nardelli, Deputy Attys. Gen., Trenton, N. J., for petitioner.

Thomas E. Kauper, Asst. Atty. Gen., Howard E. Shapiro, Dept. of Justice, Washington, D. C., for respondent, United States.

John W. Pettit, Joseph A. Marino, R. Michael Senkowski, Federal Communications Commn., Washington, D. C., for respondent, Federal Communications Commn.

Israel Packel, Atty. Gen., Raymond Kleiman, Deputy Atty. Gen., Harrisburg, Pa., for intervenor, Commonwealth of Pennsylvania.

David H. Souter, Deputy Atty. Gen., Concord, N. H., for intervenor, State of New Hampshire.

Louis Schwartz, Robert A. Woods, Washington, D. C., for amicus curiae, The Maryland Broadcasting Commn.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Submitted en banc November 15, 1973.

Argued May 15, 1973

Before VAN DUSEN, GIBBONS and ROSENN, Circuit Judges.

Submitted On Rehearing en banc Nov. 15, 1973.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case is before us pursuant to 28 U.S.C. § 2342(1) and 47 U.S.C. § 402(a) on the petition...

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