McKENNEY v. F. C. C.

No. 17657.

324 F.2d 444 (1963)

Lloyd Clinton McKENNEY, tr/as Winfield Broadcasting Co., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Ira E. Courtney, tr/as Courtney Broadcasting Co., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided October 17, 1963.


Attorney(s) appearing for the Case

Mr. John L. Tierney, Washington, D. C., with whom Mr. Robert M. Booth, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Joel H. Levy, Counsel, Federal Communications Commission, for appellee. Mr. Max D. Paglin, General Counsel, and Mrs. Ruth V. Reel, and Mr. Alan D. Reffkin, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Daniel R. Ohlbaum, Associate General Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Grover C. Cooper, Washington, D. C., with whom Mr. Charles V. Wayland, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

This is an appeal from a decision and order of the Federal Communications Commission granting the application of the intervenor, Courtney, for a construction permit for a new standard broadcast station at Winfield, Kansas, and denying the application of appellant, McKenney, for the same facilities.

The mutually exclusive applications of appellant and intervenor were designated for consolidated hearing. In so designating the applications...

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