United States v. McIntire

On Plaintiffs’ Motion for Judgment on the Pleadings

OPINION

COHEN, Chief Judge:

In this action by the United States and the Federal Communications Commission (FCC), plaintiffs seek to enjoin the operation of an unlicensed radio station broadcasting from a vessel off the New Jersey coast.

While the facts of this dispute are extensively set forth in this court’s earlier opinion, wherein defendants’ motion to dismiss the complaint was denied, United States v. Reverend Carl McIntire et al., 365 F.Supp. 618 (D.N.J.1973), a brief review of the facts and the procedural posture of this case is…