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GERICO INVESTMENT CO. v. FEDERAL COMMUN. COM'N

Nos. 13154, 13155, 13314.

240 F.2d 410 (1957)

GERICO INVESTMENT COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Biscayne Television Corporation, Intervenor. GERICO INVESTMENT COMPANY, Petitioner, v. UNITED STATES of America, and Federal Communications Commission, Respondents, Biscayne Television Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 17, 1957.

Attorney(s) appearing for the Case

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for appellant in No. 13154 and petitioner in Nos. 13155 and 13314.

Mr. Daniel R. Ohlbaum, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, were on the brief, for appellee in No. 13154 and respondents in Nos. 13155 and 13314. Mr. Daniel M. Friedman, Attorney, Department of Justice, also entered an appearance for respondent United States of America, in Case No. 13314.

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 DANAHER, Circuit Judges.

FAHY, Circuit Judge.

Gerico Investment Company appeals, as a party aggrieved, from the grant on January 20, 1956, by the Federal Communications Commission to Biscayne Television Company, intervenor, of a construction permit on Channel 7 in Miami, Florida, from denial of Gerico's request to intervene in and for a stay of Channels 7 and 10 proceedings in Miami pending the outcome of a general deintermixture proceeding in progress, and from related orders. Biscayne challenges...

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