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SABLE COMMUNICATIONS OF CALIFORNIA, INC. v. F.C.C.

No. 86-6178.

827 F.2d 640 (1987)

SABLE COMMUNICATIONS OF CALIFORNIA, INC., Plaintiff-Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Edwin Meese, Attorney General of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1987.

Attorney(s) appearing for the Case

Richard K. Simon, Los Angeles, Cal., for the plaintiff-appellant.

Barbara L. Herwig and John C. Hoyle, Los Angeles, Cal., for the defendants-appellees.

Before HALL and LEAVY, Circuit Judges, and AGUILAR, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge.

Sable Communications of California (Sable) filed this action in district court seeking declaratory and injunctive relief against the Federal Communications Commission (FCC). Sable claims that a statute and FCC regulation restricting its sexually suggestive telephone services violate its first amendment rights. The district court dismissed the case for lack of jurisdiction and, alternatively, on the ground that the case was not...

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