Legal Opinion
Warren Lechtner v. James Brownyard, D/B/A W. H. Y. P. Country Radio
Court of Appeals for the Third Circuit
Decided June 2, 1982No. 81-2877PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Circuit Judge:
James Brownyard, the owner of W.H. Y.P. Country Radio, appeals from a judgment awarding to Warren Lechtner damages for violation of the Federal Communications Commission (FCC) Personal Attack Rule, 47 C.F.R. § 73.1920, 1 and for defamation under Pennsylvania law. We conclude that the complaint fails to state a claim arising under the laws of the United States, and that the judgment must be vacated.
I
In May 1980, James Brownyard, the owner of W.H.Y.P. Country Radio, transmitted a broadcast over the WHYP frequency in which he made certain remarks…
2Cases cited22 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Cort v. AshSupreme Court of the United States · 1975
- Carlson v. GreenSupreme Court of the United States · 1980
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
17 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Conboy v. AT & T Corp.Court of Appeals for the Second Circuit · 2001
- Samuel Weaver and Alice Weaver v. Marine BankCourt of Appeals for the Third Circuit · 1982
- Cooley, William v. Pennsylvania Housing Finance Agency Gerhold, Wayne D. Smith, Karl C. And Donadee, Michael ACourt of Appeals for the Third Circuit · 1987
- New England Telephone and Telegraph Company, Etc. v. Public Utilities Commission of MaineCourt of Appeals for the First Circuit · 1984
- Seville Industrial MacHinery Corp. v. Southmost MacHinery Corp.District Court, D. New Jersey · 1983
24 more not listed; retrieve them via the Exa API.