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AMERICAN SEC. COUNCIL ED., ETC. v. F. C. C.

No. 77-1443.

607 F.2d 438 (1979)

AMERICAN SECURITY COUNCIL EDUCATION FOUNDATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, CBS Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Robert J. Buenzle, with whom Robert E. Manuel, Washington, D. C., was on brief, for petitioner.

Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., with whom J. Clay Smith, Jr., Acting Gen. Counsel, James H. Kizziar, Jr., Counsel, F. C. C., and Bruce E. Fein, Attorney, Dept. of Justice, Washington, D. C., were on brief, for respondents.

J. Roger Wollenberg, Washington, D. C., with whom Donald C. Langvoort, was on brief, Stephen A. Weiswasser and Roger M. Witten, Washington, D. C., for intervenor.

Barry Grossman and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., for respondent United States.

J. Tullos Wells, Werner K. Hartenberger, and Gregory M. Christopher, Attys., F. C. C. Washington, D. C., for respondent F. C. C.

Before WRIGHT, Chief Judge, and BAZELON, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.

Opinion for the court filed by TAMM, Circuit Judge.

Concurring Opinion filed by J. SKELLY WRIGHT, Chief Judge.

Concurring Opinion filed by BAZELON, Circuit Judge.

Dissenting Opinion filed by WILKEY, Circuit Judge, with whom MacKINNON and ROBB, Circuit Judges, join.

TAMM, Circuit Judge:

We are called upon to decide whether the American Security Council Education Foundation (ASCEF) presented prima facie evidence that CBS, Inc. (CBS) violated...

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