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GARDNER v. F.C.C.

No. 75-1562.

530 F.2d 1086 (1976)

Morris H. GARDNER, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Ralph I. Knowles, Jr., University, Ala., was on the brief for petitioner.

Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, and Stephen A. Sharp, Counsel, F.C.C., Washington, D.C., were on the brief for respondent.

Before LEVENTHAL and WILKEY, Circuit Judges, and BRYAN, United States District Judge for the Eastern District of Virginia.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Petitioner Gardner comes before us to appeal the FCC's denial of his petition for reconsideration of a decision dealing with the Commission's personal attack rule.1 Because the denial of reconsideration rested solely on failure to file within the statutory period, we are not here concerned with the merits of Gardner's claim. Rather, this petition requires...

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