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WYSZATYCKI v. F. C. C.

No. 14651.

267 F.2d 676 (1959)

Leon WYSZATYCKI, d/b as Greater Erie Broadcasting Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WKBW-TV, Inc., a New York corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 26, 1959.

Attorney(s) appearing for the Case

Mr. Mitchell S. Cutler, Washington, D. C., with whom Messrs. Vincent B. Welch and Fred J. Eden, Jr., Washington, D. C., were on the brief, for appellant.

Mr. John H. Conlin, Counsel, F. C. C., with whom Messrs. John L. Fitzgerald, Gen. Counsel, F. C. C., and Max D. Paglin, Asst. Gen. Counsel, F. C. C., were on the brief, for appellee. Messrs. Richard A. Solomon, Asst. Gen. Counsel, F. C. C. at the time the record was filed, and Mark E. Fields, Counsel, F. C. C. at the time the record was filed, also entered appearances for appellee.

Mr. Jack P. Blume, New York City, for intervenor. Mr. Peter Shuebruk, New York City, also entered an appearance for intervenor.

Before WASHINGTON, DANAHER, and BASTIAN, Circuit Judges.

DANAHER, Circuit Judge.

Appellant, Leon Wyszatycki, doing business as Greater Erie Broadcasting Company (Greater Erie), Great Lakes Television, Inc. (Great Lakes) and intervenor, herein WKBW, filed mutually exclusive applications to construct and operate a television station on Channel 7 in Buffalo, New York. The Commission decided in favor of WKBW. Great Lakes is no longer a party, but Greater Erie here charges error in that after the Initial Decision, the Commission...

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