NECKRITZ v. F. C. C.

No. 71-1392.

502 F.2d 411 (1974)

Alan F. NECKRITZ and Lawrence B. Ordower, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Westinghouse Broadcasting Company, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1974.

Rehearing Denied October 2, 1974.


Attorney(s) appearing for the Case

Alan F. Neckritz, pro se, Lawrence B. Ordower and Lewis J. Paper for petitioners.

John W. Pettit, Gen. Counsel, F. C. C., with whom Joseph A. Marino, Associate Gen. Counsel, and R. Michael Senkowski, Counsel, F. C. C., were on the brief, for respondent, F. C. C.

J. Roger Wollenberg, Washington, D. C., with whom Timothy B. Dyk, David R. Anderson and Barry O. Chase, Washington, D. C., were on the brief for intervenor Columbia Broadcasting System, Inc., also argued on behalf of intervenors National Broadcasting Co., Inc., and American Broadcasting Co., Inc. Daniel Marcus, Washington, D. C., also entered an appearance for intervenor, Columbia Broadcasting System, Inc.

Lee Loevinger, Washington, D. C., with whom Raymond E. Vickery, Jr., Washington, D. C., was on the brief, for intervenor, Standard Oil Co. of Cal. Alfred F. Dougherty, Washington, D. C., also entered an appearance for intervenor, Standard Oil Co. of Cal.

Thomas E. Kauper, Asst. Atty. Gen., and Bruce B. Wilson, Deputy Asst. Atty. Gen., Dept. of Justice, were on the brief for respondent, United States. Howard E. Shapiro, Atty., Dept. of Justice, also entered an appearance for United States.

John D. Lane and J. Carter McKaig, Washington, D. C., were on the brief for intervenor Westinghouse Broadcasting Company, Inc. Ramsey L. Woodworth, Washington, D. C., also entered an appearance for intervenor Westinghouse Broadcasting Co., Inc.

Howard Monderer, Washington, D. C., was on the brief for intervenor National Broadcasting Co., Inc. Mathias E. Mone and Donald J. Mulvihill, Washington, D. C., also entered appearances for intervenor, National Broadcasting Co., Inc.

James A. McKenna, Jr., and Carl R. Ramey, Washington, D. C., were on the brief for intervenor American Broadcasting Co., Inc.

Thomas R. Asher and Tracy A. Westen, Washington, D. C., filed a brief on behalf of Council on Economic Priorities, et al., as amici curiae.

Geoffrey Cowan, Washington, D. C., and James W. Moorman, San Francisco, Cal., filed a brief on behalf of Friends of the Earth, et al., as amici curiae.

John E. Bryson filed a brief on behalf of Natural Resources Defense Council, et al., as amici curiae.

Robert Chartoff, Berkeley, Cal., filed a brief on behalf of Committee for Open Media as amicus curiae.

Before TAMM and ROBB, Circuit Judges, and DAVIES, Senior United States District Judge for the District of North Dakota.


Rehearing En Banc Denied October 2, 1974.

ROBB, Circuit Judge:

This is a petition to review an order of the Federal Communications Commission which rejected a complaint filed by the petitioners against certain broadcasting licensees. The complaint alleged that the broadcasters had failed to fulfill their Fairness Doctrine obligations, growing out of advertisements for a particular brand of gasoline. The Commission rejected the complaint on the ground that...

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