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KVUE, INC. v. MOORE

No. 82-1192.

709 F.2d 922 (1983)

KVUE, INC., Plaintiff-Appellant, and AUSTIN BROADCASTING CORP. and Central Texas Broadcasting Co., Inc., Intervenors-Appellants, v. Margaret MOORE, In Her Official Capacity as County Attorney for Travis County, Texas, Defendant-Appellee, and The State of Texas, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1983.

Attorney(s) appearing for the Case

R. James George, Jr., David H. Donaldson, Jr., Austin, Tex., for plaintiff-appellant.

Erwin G. Krasnow, Washington, D.C., amicus curiae for Nat. Ass'n of Broadcasters.

James W. Collins, James Rader, Asst. County Attys., Austin, Tex., for Moore.

Margaret S. McGloin, Asst. Atty. Gen., for the State of Tex.

Before RUBIN, GARZA, and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A television broadcaster challenges the constitutionality of a Texas statute prescribing the rates radio and television stations may charge political advertisers and requiring sponsors of such advertising to identify themselves. The district court found that the broadcaster had not been threatened with prosecution and dismissed the complaint for lack of standing to challenge the statute. We conclude that the broadcaster has suffered...

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