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LEAGUE OF WOMEN VOTERS OF CAL. v. F.C.C.

No. 83-6299.

751 F.2d 986 (1985)

LEAGUE OF WOMEN VOTERS OF CALIFORNIA, et al., Plaintiffs-Appellants, and Pacifica Foundation, et al., Plaintiffs, v. FEDERAL COMMUNICATIONS COMMISSION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 8, 1985.

Attorney(s) appearing for the Case

Fredric D. Woocher, Center for Law in the Public Interest, Los Angeles, Cal., for plaintiffs-appellants.

Anthony J. Steinmeyer, Michael Jay Singer, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GOODWIN, TANG and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Under 28 U.S.C. § 1291, the courts of appeals have jurisdiction over appeals from all final decisions of the district courts "except where a direct review may be had in the Supreme Court." Direct review is available under 28 U.S.C. § 1252 when a district court holds a federal statute unconstitutional in a civil proceeding to which the Government is a party. The second paragraph of section 1252 provides:

A party who has received...

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