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FIDELITY TELEVISION, INC. v. F. C. C.

No. 73-2213.

502 F.2d 443 (1974)

FIDELITY TELEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RKO General, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Order July 3, 1974.

Decided August 2, 1974.

Attorney(s) appearing for the Case

Joseph Volpe, III, Counsel, F. C. C., with whom John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., were on the motion to dismiss, for appellee.

Harold David Cohen, Washington, D. C., with whom John J. Duffy, Washington, D. C., was on the response to the motion to dismiss, for intervenor.

Walter H. Sweeney, Washington, D. C., with whom Edward P. Morgan, Washington, D. C., was on the opposition to the motion to dismiss, for appellant.

Before BAZELON, Chief Judge, and MacKINNON and WILKEY, Circuit Judges.

PER CURIAM:

The history of the administrative proceeding out of which this case arises is one of inordinate delay which has considerably tried this court's patience. Several panels of this court, at differing stages, have reviewed the underlying controversy in connection with a petition for writ of mandamus brought by Fidelity Television, Inc., to compel the Federal Communications Commission to issue a decision in that proceeding which had been pending before it for...

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