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VALLEY BROADCASTING CO. v. FEDERAL COMMUN. COM'N

Nos. 13110, 13111.

237 F.2d 784 (1956)

VALLEY BROADCASTING COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 11, 1956.

Attorney(s) appearing for the Case

Mr. Russell Rowell, Washington, D. C., for appellant. Messrs. Frank Roberson and Frank U. Fletcher, Washington, D. C., also entered appearances for appellant.

Mr. John J. O'Malley, Jr., Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Richard A. Solomon, Assistant General Counsel, Federal Communications Commission, were on the brief, for appellee.

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

BURGER, Circuit Judge.

The appeal in case No. 13110 is from an order of the Commission dismissing, as untimely filed, a protest filed by the appellant under § 309(c) of the Communications Act of 19341 protesting the grant, without hearing, of a construction permit to Confederate Radio Company for a new 500 watt daytime broadcast station at West Point, Georgia, the location and area now served by appellant.

The appeal in case...

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