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COUNCIL FOR EMPLOYMENT, ETC. v. F. C. C.

No. 77-1371.

575 F.2d 311 (1978)

COUNCIL FOR EMPLOYMENT AND ECONOMIC ENERGY USE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Maine Citizens for Returnable Containers, et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided May 4, 1978.

Attorney(s) appearing for the Case

Sanford A. Kowal, Boston, Mass., with whom Sallop, Kowal & Davis, Associates, Boston, Mass., were on brief for appellant.

Diana L. Evans, Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Danial M. Armstrong, Associate Gen. Counsel, and C. Grey Pash, Jr., counsel, F.C.C., Washington, D. C., were on brief for respondents.

Thomas H. Wall, B. Dwight Perry, D. Todd Christofferson and Dow, Lohnes & Albertson, Washington, D. C., on brief for intervenor, Plough Broadcasting Co., Inc.

Randy I. Bellows, Media Access Project, Washington, D. C., on brief for intervenors, Maine Citizens for Returnable Containers.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

We are asked to disapprove a Federal Communications Commission ruling made under its "fairness doctrine". On October 26, 1976, one week before the general election in November, the Council for Employment and Economic Energy Use (the "Council") petitioned the Commission for a declaratory ruling with respect to application of the "fairness doctrine" to radio advertisements concerning a referendum question on the Massachusetts ballot...

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