Columbia Broadcasting System, Inc

Text (OCR of the scan; may contain errors)

COLUMBIA BROADCASTING SYSTEM, INC., ET AL.

Docket 8512. Order and Opinion, May 18, 1965 Order denying respondent’s motion that Commissioner MacIntyre be disqualified from participating in this proceeding.

Commissioner MacIntyre’s Statement on Motion Tuar He Br

DISQUALIFIED

MAY 12,1965

During the late 1940’s and the early 1950’s, when I was serving on the staff of the Federal Trade Commission as Assistant Director of the Bureau of Antimonopoly and Chief of the Division of Investigation and Litigation, I supervised a substantial number of investigations and a substantial amount of litigation. Included was a case entitled In re Doubleday and Co., Ine., F.T.C. Docket No. 5897 [52 F.T.C. 169]. It involved a factual situation confined to the practices allegedly pursued by that firm. The Federal Trade Commission dismissed the complaint in part. Quite recently the Commission instituted proceedings In re Columbia Broadcasting System, Inc., F.T:C. Docket No. 879-702—71——_87 The Commission having considered Commissioner MacIntyre’s statement and being in agreement with the reasoning therein and his determination that the Doubleday case* and the instant proceeding are not “factually related” within the meaning of that term as used in Section 5(c) of the Administrative Procedure Act; and The Commission having determined that respondents have failed to justify the action requested: lt is ordered, That respondents’ motion requesting that Commissioner MacIntyre be disqualified from participating in this proceeding be, and it hereby is, denied.

Commissioner MacIntyre not participating.