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WRATHER-ALVAREZ BROADCAST. v. FEDERAL COMMUN. COM'N

Nos. 13617, 13674.

248 F.2d 646 (1957)

WRATHER-ALVAREZ BROADCASTING, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Broadcasting-Paramount Theatres, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 26, 1957.

Attorney(s) appearing for the Case

Mr. Herbert E. Forrest, Washington, D. C., with whom Messrs. Vincent B. Welch and Vincent A. Pepper, Washington, D. C., were on the brief, for appellant. Mr. Robert N. Green, Washington, D. C., also entered an appearance for appellant in Case No. 13617.

Mr. Robert M. Ague, Jr., Counsel, Federal Communications Commission, of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of Court, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, and Daniel R. Ohlbaum, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for intervenor.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.

BAZELON, Circuit Judge.

American Broadcasting-Paramount Theatres Inc. (hereafter called "ABC") operates one of the three television networks. The two VHF stations in San Diego, California, are primary affiliates of the other two networks. Desiring greater coverage for its programs in the San Diego area, ABC applied to the Federal Communications Commission for authority under § 325(b) of the Communications Act of 19341 to supply its...

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