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AMERICAN BROADCASTING-PARAMOUNT THEATRES v. F. C. C.

Nos. 15399, 15400.

280 F.2d 631 (1960)

AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Albuquerque Broadcasting Company, Westinghouse Broadcasting Company, Inc., Intervenors. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Petitioner v. UNITED STATES of America and Federal Communications Commission, Respondents, Albuquerque Broadcasting Company, Westinghouse Broadcasting Company, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided May 27, 1960.

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. 15399 and petitioner in No. 15400.

Mr. Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, with whom Mr. John L. FitzGerald, Gen. Counsel, Federal Communications Commission, Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, and Mr. Richard A. Solomon, Atty., Dept. of Justice, were on the brief for appellee in No. 15399 and respondents in No. 15400.

Mr. Edward F. Kenehan, Washington, D. C., with whom Messrs. Frank U. Fletcher and Robert L. Heald, Washington, D. C., were on the brief, for intervenor Albuquerque Broadcasting Co.

Mr. Walter H. Weiner, New York City, with whom Mr. George B. Turner, New York City, was on the brief, for intervenor Westinghouse Broadcasting Company, Inc.

Before Mr. Justice REED, retired, and BAZELON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This case presents a further aspect of the continuing controversy, with which we first dealt in 1951, as to the treatment accorded by the Federal Communications Commission to the conflicting claims of American Broadcasting Company (ABC) and Station KOB for radio broadcasting privileges on the frequency of 770 kilocycles. See American Broadcasting Co. v. Federal Communications Commission, 1951, 89...

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