The NEW JERSEY COALITION FOR FAIR BROADCASTING, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States, Respondents,
WPIX, Inc., Metromedia, Inc., Westinghouse Broadcasting Company, Inc., National Broadcasting Company, Inc., CBS Inc., Capital Cities Communications, Inc., Kaiser Broadcasting Company, RKO General, Inc., Educational Broadcasting Corporation, American Broadcasting Companies, Inc., Ethan Allen Hitchcock, Esquire, Chairman of the Board of Educational Broadcasting Corporation, Brendan Byrne, Governor of the State of New Jersey, Intervenors.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 9, 1978.
Decided March 22, 1978.
Attorney(s) appearing for the Case
Kristin Booth Glen, Ellen Shaw Agress, New York City, Mary L. Lyndon, Trenton, N. J., Moore, Berson & Lifflander, New York City, for petitioner.
John Shenefield, Barry Grossman, Frederic Freilicher, Washington, D.C., for United States of America.
Sheldon M. Guttmann, Werner K. Hartenberger, Daniel M. Armstrong, Keith H. Fagan, Raymond Strassburger, Washington, D. C., for F. C. C.
R. Russell Eagan, Aloysius B. McCabe, Robert A. Beizer, Philip J. Davis, Kirkland, Ellis & Rowe, Washington, D.C., for WPIX, Inc.
Thomas J. Dougherty, Preston R. Padden, Washington, D.C., for Metromedia, Inc.
John D. Lane, J. Carter McKaig, Ramsey L. Woodworth, Hedrick & Lane, Washington, D.C., for Westinghouse Broadcasting Co., Inc.
Bernard Koteen, Alan Y. Naftalin, Arthur B. Goodkind, Washington, D.C., Corydon B. Dunham, New York City, Howard Monderer, Washington, D.C., for National Broadcasting Co., Inc.
Eleanor S. Applewhaite, Joseph DeFranco, Gerald Tze-Ping Sun, New York City, for CBS Inc.
Joel Rosenbloom, Stephen A. Weiswasser, Edward Tynes Hand, Wilmer, Cutler & Pickering, Washington, D.C., for Capital Cities Communications, Inc. and CBS Inc.
J. Laurent Scharff, Pierson, Ball & Dowd, Washington, D.C., for RKO General, Inc.
Vernon L. Wilkinson, McKenna, Wilkinson & Kittner, Washington, D.C., for Educational Broadcasting Corp. and Ethan Allen Hitchcock, Esquire, Chairman, etc.
James A. McKenna, Jr., Carl R. Ramey, McKenna, Wilkinson & Kittner, Washington, D.C., for American Broadcasting Companies, Inc.
Roger M. Schwarz, Trenton, N. J., for Brendan Byrne, Governor of the State of New Jersey.
Before ALDISERT and HUNTER, Circuit Judges and HUYETT, District Judge.
United States Court of Appeals, Third Circuit.
OPINION
JAMES HUNTER, III, Circuit Judge:
This appeal comes to us upon a petition by the New Jersey Coalition for Fair Broadcasting (Coalition) for review of orders of the Federal Communications Commission which terminated an inquiry into the adequacy of television service in the state of New Jersey. We have jurisdiction under section 402(a) of the Communications Act of 1934, 47 U.S.C. § 402(a) (1970), and 28 U.S.C. § 2342(1) (Supp. V. 1975). Since...
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