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FEDERAL BROADCASTING SYSTEM, INC. v. F. C. C.

No. 14418.

266 F.2d 922 (1959)

FEDERAL BROADCASTING SYSTEM, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WBBF, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 2, 1959.

Attorney(s) appearing for the Case

Mr. Charles F. O'Neall, Washington, D. C., for appellant.

Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, for appellee. Messrs. John L. Fitzgerald, General Counsel, Federal Communications Commission, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, at the time the brief was filed, and Mark E. Fields, 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.

PER CURIAM.

This controversy involves a protest, under § 309(c) of the Federal Communications Act,1 by appellant, a radio station licensee, against the renewal of the broadcasting license of its competitor, radio station WBBF. The protest, as summarized in our opinion in an earlier appeal in this controversy,2 charged:

"(1) that WBBF was chargeable with `arbitrary refusal to grant consent pursuant...

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