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WILSON v. A.H. BELO CORP.

Nos. 92-16040, 92-16576.

87 F.3d 393 (1996)

Pete WILSON, Governor; Californians for Senator Pete Wilson; Leo McCarthy; McCarthy for U.S. Senator, Plaintiffs-Appellants, v. A. H. BELO CORP.; KXTV; Great Western Broadcasting Corporation; Channel 40 Licensee; Renaissance Communications Corp.; Fidelity Television; CBS; Christ Craft Industries Inc.; NBC Subsidiary Inc.; KNBC TV; NBC INC.; KTLA Inc.; Chronicle Broadcasting of San Francisco Inc.; KRON TV; KTVU INC.; Cox Enterprises; McGraw-Hill Broadcasting Company Inc.; KGTV; San Joaquin Communications Corp.; KSEE; Meredith Broadcasting Inc.; KMST; Retlaw Broadcasting; KTXL, KRBK; Koplar Communications of California; Koplar Communications Inc.; KCBC; National Broadcasting Company, Inc.; KJEO; KGET; Acerkley Communications, Inc., Defendants-Appellees. Pete WILSON, et. al., Plaintiffs-Appellants, v. A.H. BELO CORP., et. al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Michael Jablonski, Savell & Williams, Atlanta, Georgia, for plaintiffs-appellants.

Carter G. Phillips, Sidley & Austin, Washington, D.C., for defendants-appellees.

Christopher J. Wright, Deputy General Counsel, Washington, D.C., for amicus curiae Federal Communications Com'n.

Before: T.G. NELSON and TASHIMA, Circuit Judges, and BURNS, District Judge.

TASHIMA, Circuit Judge:

The two actions underlying these consolidated appeals seek to recover alleged over-charges for political advertising in violation of the Communications Act of 1934, as amended, 47 U.S.C. § 315(b). The district court held that a preemptive Declaratory Ruling issued by the Federal Communications Commission ("FCC") during the pendency of the first action divested the district court of jurisdiction under the Hobbs Act, 28 U.S.C. § 2342...

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