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SUNBEAM TELEVISION CORP. v. FEDERAL COMMUN. COM'N

Nos. 13180, 13181, 13183.

243 F.2d 26 (1957)

SUNBEAM TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Biscayne Television Corporation, Intervenor. EAST COAST TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Biscayne Television Corporation, Intervenor. SOUTH FLORIDA TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Biscayne Television Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 14, 1957.

Attorney(s) appearing for the Case

Mr. Alan Y. Naftalin, Washington, D. C., with whom Messrs. Bernard Koteen and Samuel Miller, Washington, D. C., were on the brief, for appellant in No. 13,180.

Mr. Theodore Baron, Washington, D. C., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of Court, for appellant in No. 13,181. Mr. Arthur W. Scharfeld, Washington, D. C., was on the brief for appellant in No. 13,181.

Mr. Peter Shuebruk, New York City, for appellant in No. 13,183. Messrs. Jack P. Blume, New York City, and Benito Gaguine, Washington, D. C., also entered appearances for appellant in No. 13,183.

Mr. Henry Geller, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. D. M. Patrick, Washington, D. C., with whom Messrs. Lester Cohen and Stanley S. Harris, Washington, D. C., were on the brief, for intervenor.

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

FAHY, Circuit Judge.

These are consolidated appeals from a Commission order granting, after a comparative hearing, the application of intervenor, Biscayne Television Corporation, for a construction permit for a new television station to operate on Channel 7, Miami, Florida, and denying the mutually exclusive applications of appellants, Sunbeam Television Corporation, East Coast Television Corporation and South Florida Television Corporation.1

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