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ALLENTOWN BROADCASTING CORP. v. FEDERAL COMMUN. CO.

Nos. 11897, 11957.

222 F.2d 781 (1954)

ALLENTOWN BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Easton Publishing Company, Intervenor, WKAP, Inc., Intervenor. ALLENTOWN BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WKAP, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided August 19, 1954.

Attorney(s) appearing for the Case

Mr. Donald C. Beelar, Washington, D. C., with whom Messrs. Charles R. Cutler and Herbert J. Miller, Jr., Washington, D. C., were on the brief, for appellant. Mr. Reed T. Rollo, Washington, D. C., entered an appearance for appellant.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, with whom Miss Mary Jane Morris, Counsel, Federal Communications Commission, was on the brief, for appellee. Mr. J. Roger Wollenberg, Asst. Gen. Counsel, Federal Communications Commission, at time brief was filed, was also on the brief for appellee.

Mr. Eliot C. Lovett, Washington, D. C., for intervenor Easton Publishing Co.

Mr. Stephen Tuhy, Jr., Washington, D. C., for intervenor WKAP, Inc.

Before WILBUR K. MILLER, PRETTYMAN and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

This is an appeal from an order of the Federal Communications Commission granting the license application of the Easton Publishing Company for the assignment of a standard radio station at Easton, Pennsylvania, and denying that of Allentown Broadcasting Corporation for the same assignment at Allentown, Pennsylvania, 14 miles away.1 It marks the third appearance of these parties before this court since their mutually...

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