CAPITAL CITIES/ABC, INC. v. BRADY

No. 89 Civ. 8006 (JES).

740 F.Supp. 1007 (1990)

CAPITAL CITIES/ABC, INC., Plaintiff, v. Nicholas BRADY, Secretary of the Treasury, R. Richard Newcomb, Director, Office of Foreign Assets Control, Defendants.

United States District Court, S.D. New York.

June 29, 1990.


Attorney(s) appearing for the Case

Wilmer, Cutler & Pickering (Lloyd N. Cutler, A. Douglas Melamed, W. Dawn Busby, James M. Carr, of counsel), Washington, D.C., Patterson, Belknap, Webb & Tyler (Philip Forlenza, of counsel), New York City, for plaintiff.

Cahill Gordon & Reindel (Floyd Abrams, Amy Glickman, of counsel), New York City, for amici curiae, CBS, Inc. and Nat. Broadcasting Co., Inc., in support of plaintiff.

Department of Justice (Anne L. Weismann, Richard R. Brown, of counsel), Washington, D.C., for defendants.

U.S. Dept. of Treasury (Susan Klavens Hutner, of counsel), Washington, D.C., for defendant Office of Foreign Assets Control.


OPINION AND ORDER

SPRIZZO, District Judge:

PRELIMINARY STATEMENT

The issue presented by these cross-motions for summary judgment is whether the refusal of the United States Department of the Treasury ("Treasury Department") to license an agreement for the exclusive live broadcasting rights of the 1991 Pan American Games is consistent with the Trading With The Enemy Act and the First Amendment.

STATEMENT OF FACTS

Section 5(b) of...

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