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CITY OF NEW YORK MUN. B. SYS. v. FEDERAL COMMUN. COM'N

No. 12465.

223 F.2d 637 (1955)

CITY OF NEW YORK MUNICIPAL BROADCASTING SYSTEM, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 5, 1955.

Attorney(s) appearing for the Case

Messrs. Charles S. Rhyne, and Eugene F. Mullin, Jr., Washington, D. C., with whom Mr. Peter Campbell Brown, New York City, was on the brief, for appellant.

Mr. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, Harrison, Ark., with whom Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, was on the brief, for appellee.

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

BAZELON, Circuit Judge.

Appellant owns Radio Station WNYC which is duly licensed by the Federal Communications Commission to operate (1) a transmitter at a power of one kilowatt for regular broadcast purposes as a Class II station, and (2) a transmitter at a power of five kilowatts in civil defense emergencies under the so-called CONELRAD project.1 This appeal relates to an application filed for authority to install a single transmitter...

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