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U.S. v. EVERGREEN MEDIA CORP. OF CHICAGO, AM

No. 92 C 5600.

832 F.Supp. 1183 (1993)

The UNITED STATES of America, Plaintiff-Counterdefendant, v. EVERGREEN MEDIA CORPORATION OF CHICAGO, AM, Licensee of Radio Broadcast Station WLUP (AM), Defendant-Counterplaintiff, and The American Civil Liberties Union of Illinois, Intervenor-Defendant Counterplaintiff.

United States District Court, N.D. Illinois, E.D.

August 20, 1993.

Attorney(s) appearing for the Case

Bruce A. Taylor, Sp. Atty. Cr. Div., U.S. Dept. of Justice, Jane E. Mago and Roberta L. Cook, Sp. Attys. to the U.S. Atty. Gen., Washington, DC, for plaintiff.

David F. Randell, Latham & Watkins, Chicago, IL, Eric L. Bernthal, Reed M. Hundt, Karen Brinkmann, and Raymond B. Grochowski, Latham & Watkins, Washington, DC, for defendant.

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

BACKGROUND

This action was instigated by the Federal Communications Commission ("FCC") pursuant to its powers under 47 U.S.C. § 503(b)(1)(D), to institute an action for a forfeiture penalty for the broadcast of obscene, indecent or profane language in violation of 18 U.S.C. § 1464. Evergreen Media Corporation of Chicago (AM) ("Evergreen"), the object of the FCC's attention...

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