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LECHTNER v. BROWNYARD

No. 81-2877.

679 F.2d 322 (1982)

Warren LECHTNER v. James BROWNYARD, d/b/a W. H. Y. P. Country Radio, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 2, 1982.

Attorney(s) appearing for the Case

MacDonald, Illig, Jones & Britton, John M. Wolford (argued), Charles D. Marlett, Erie, Pa., for appellant, James Brownyard, d/b/a W. H. Y. P. Country Radio.

Michael E. Dunlavey (argued), Orton, Joyce & Dunlavey, P. C., North East, Pa., for appellee, Warren Lechtner.

Before GIBBONS and HUNTER, Circuit Judges and THOMPSON, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

James Brownyard, the owner of W.H.Y.P. Country Radio, appeals from a judgment awarding to Warren Lechtner damages for violation of the Federal Communications Commission (FCC) Personal Attack Rule, 47 C.F.R. § 73.1920,1 and for defamation under Pennsylvania law. We conclude that the complaint fails to state a claim arising under the laws of the United States, and that the judgment...

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