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UNITED STATES v. WIYN RADIO, INC.

Civ. A. No. C77-65R.

464 F.Supp. 101 (1978)

UNITED STATES of America, Plaintiff, v. WIYN RADIO, INC., Licensee of Radio Station WIYN, Defendant.

United States District Court, N. D. Georgia, Rome Division.

December 15, 1978.

Attorney(s) appearing for the Case

William E. Turnipseed, Asst. U. S. Atty., Atlanta, Ga., Kathleen B. Levitz, Dept. of Justice, John P. Greenspan, Federal Communications Com'n, Washington, D. C., for plaintiff.

Morton L. Berfield, Cohen & Berfield, Washington, D. C., for defendant.

ORDER

MURPHY, District Judge.

STATEMENT OF THE CASE

The United States instituted this suit to recover a forfeiture imposed by the Federal Communications Commission upon defendant WIYN for repeated violations of the personal attack rule, 47 C.F.R. § 73.123(a). In the trial of this case both plaintiff and defendant presented testimonial and documentary evidence. At the close of trial, the Court requested that the parties submit

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