WBEN, INC. v. F. C. C.

No. 16017.

290 F.2d 743 (1961)

WBEN, INC., Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Monocacy Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 4, 1961.


Attorney(s) appearing for the Case

Mr. Robert L. Heald, Washington, D. C., with whom Messrs. Frank U. Fletcher, and Henry R. Goldstein, Washington, D. C., were on the brief, for appellant. Mr. Edward F. Kenehan, Washington, D. C., also entered an appearance for appellant.

Mr. James T. Brennan, Jr., Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel of the Federal Communications Commission at the time the brief was filed, Max D. Paglin, now Gen. Counsel, Federal Communications Commission, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. John P. Southmayd, Washington, D. C., for intervenor.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and BAZELON, Circuit Judges.


BAZELON, Circuit Judge.

Our intervenor, Monocacy Broadcasting Company, licensed to operate radio station WFMD in Frederick, Maryland, on 930 kc with 1 kw day and night, filed an application to increase its daytime authorization to 5 kw. Our appellant, licensed to operate station WBEN at Buffalo, New York, on the same frequency with 5 kw power, unlimited time, requested that the application be designated for hearing under...

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