OKLAHOMA TELECASTERS ASS'N v. CRISP

Nos. 82-1058, 82-1061.

699 F.2d 490 (1983)

OKLAHOMA TELECASTERS ASSOCIATION, an unincorporated association; Combined Communications Corporation of Oklahoma, Inc., an Oklahoma corporation; Griffin Television, Inc., an Oklahoma corporation; KTVY, Inc., an Oklahoma corporation; KTUL-TV, Inc., an Oklahoma corporation; KOTV, Inc., an Oklahoma corporation; Scripps-Howard Broadcasting Co., an Ohio corporation; Golden West Broadcasters of Oklahoma, Inc., an Oklahoma corporation; Blair Broadcasting of Oklahoma, Inc., an Oklahoma corporation; Eastern Oklahoma Television Co., Inc., an Oklahoma corporation; Seraphim Corp., an Oklahoma corporation; KOKI-TV, an Oklahoma partnership; and Tulsa TV 41, a joint venture, Plaintiffs-Appellees, v. Richard A. CRISP, Director, Alcoholic Beverage Control Board, Defendant-Appellant. CABLECOM-GENERAL, INC.; Cox Cable of Oklahoma City, Inc.; Multimedia Cablevision, Inc.; and Sammons Communications, Inc., Plaintiffs-Appellees, v. Richard A. CRISP, Director, Alcoholic Beverage Control Board, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 24, 1983.


Attorney(s) appearing for the Case

Robert D. Nelon, Oklahoma City, Okl. (Roy J. Davis, L. Gene Gist and Nancy M. Thompson, Oklahoma City, Okl., with him on the brief), of Andrews Davis Legg Bixler Milsten & Murrah, Oklahoma City, Okl., for plaintiffs-appellees Oklahoma Telecasters Ass'n, et al.

Clyde A. Muchmore, Oklahoma City, Okl. (Richard C. Ford, Oklahoma City, Okl., with him on the brief), of Crowe & Dunlevy, Oklahoma City, Okl., for Cablecom-General, Inc. (John D. Matthews, David P. Fleming and J. Christopher Redding of Dow, Lohnes & Albertson, Washington, D.C., for Cox Cable of Oklahoma City, Inc., Multimedia Cablevision, Inc., and Sammons Communications, Inc., with them on the brief), in No. 82-1061.

Gary W. Gardenhire, Asst. Atty. Gen., Okl., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Okl., Oklahoma City, Okl.), for defendant-appellant.

Jerry D. Sokolosky, Oklahoma City, Okl., filed an amicus curiae brief for Oklahoma Press Ass'n and Outdoor Advertising Ass'n of Okl.

Larry Derryberry of Derryberry Duncan & Gray, Oklahoma City, Okl., filed an amicus curiae brief for S.A.N.E., Inc.

Bill Allain, Atty. Gen. of Miss., and Peter M. Stockett, Asst. Atty. Gen. of Miss., Jackson, Miss. (W. Timothy Jones and John E. Milner of Brunini, Grantham, Grower & Hewes, Jackson, Miss., of counsel), filed an amicus curiae brief for the State of Miss.

Before BARRETT, McKAY and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

Richard A. Crisp (Crisp) appeals from two summary judgments declaring that certain provisions of Oklahoma's constitution and statutes violate the First and Fourteenth Amendments of the United States Constitution. The appeals were consolidated pursuant to Fed.R.App.P. 3(b).

Appellee in No. 82-1058, Oklahoma Telecasters Association (Telecasters), is an unincorporated association of corporations and partnerships engaged in the business...

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