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HARRELL v. F. C. C.

No. 14516.

267 F.2d 629 (1959)

Troyce H. HARRELL and Kermit S. Ashby d/b/a Star of The Plains Broadcasting Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Earl S. Walden, et al., d/b/a Plainview Radio, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 9, 1959.

Attorney(s) appearing for the Case

Mr. Norman E. Jorgensen, Washington, D. C., with whom Mr. Seymour Krieger, Washington, D. C., was on the brief, for appellant.

Mr. John H. Conlin, Counsel, Federal Communications Commission, for appellee. Messrs. John L. Fitzgerald, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, at the time brief was filed, and Mark E. Fields, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission at the time record was filed, also entered an appearance for appellee.

Mr. Michael H. Bader, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for intervenor. Mr. J. Roger Wollenberg, Washington, D. C., also entered an appearance for intervenor.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

This is an appeal from a Federal Communications Commission grant to Plainview Radio (intervenor) of a construction permit to operate a standard broadcasting station at Plainview, Texas, and the Commission's denial of the mutually exclusive application of Star of the Plains Broadcasting Company, for a station in Slaton, Texas, 55 miles away. The trial examiner had preferred the Slaton applicant.

In brief, the trial examiner found that...

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