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TAMPA TIMES COMPANY v. FEDERAL COMMUNICATIONS COM'N

Nos. 12588, 12589.

230 F.2d 224 (1956)

TAMPA TIMES COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Tampa Television Company, Intervenor. ORANGE TELEVISION BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Tampa Television Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 9, 1956.

Attorney(s) appearing for the Case

Mr. Thomas H. Wall, Washington, D. C., with whom Messrs. Fred W. Albertson, John B. Jacob and Jerome H. Heckman, Washington, D. C., were on the brief, for appellant in No. 12588. Mr. Thomas J. Dougherty, Washington, D. C., also entered an appearance for appellant in No. 12588.

Mr. Marcus Cohn, Washington, D. C., with whom Mr. Stanley Neustadt, New York City, was on the brief, for appellant in No. 12589. Miss Sylvia D. Kessler, Washington, D. C., also entered an appearance for appellant in No. 12589.

Mr. Henry Geller, Counsel, Federal Communications Commission, Alexandria, Va., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Mr. Warren E. Baker, General Counsel, Federal Communications Commission, and Mr. J. Smith Henley, Assistant General Counsel, Federal Communications Commission, were on the brief, for appellee in both cases.

Mr. Vincent B. Welch, Washington, D. C., for intervenor in both cases. Mr. Robert L. Heald, Washington, D. C., also entered an appearance for intervenor in both cases.

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

PRETTYMAN, Circuit Judge.

There were three applicants for a permit to construct and operate a commercial television station on Channel 13 at Tampa, Florida. The award went to Tampa Television Company, which we shall call "Television". Tampa Times Company, which we shall call "Times", and the Orange Television Broadcasting Company, hereinafter called "Orange", appeal. The appeals were consolidated.

All procedural requirements were duly observed by the Commission...

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