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WARNER v. FEDERAL COMMUNICATIONS COMMISSION

No. 15968.

292 F.2d 759 (1961)

Benjamin H. WARNER, Jr., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, George W. Smith, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 1, 1961.

Attorney(s) appearing for the Case

Mr. Howard J. Schellenberg, Jr., Washington, D. C., for appellant.

Mr. Edward W. Hautanen, Counsel, F. C. C., with whom Messrs. Max D. Paglin, Gen. Counsel, F. C. C., Daniel R. Ohlbaum, Asst. Gen. Counsel, F. C. C., and Mrs. Ruth V. Reel, Counsel, F. C. C., were on the brief, for appellee.

Mr. Seymour M. Chase, Washington, D. C., for intervenor.

Before EDGERTON, WASHINGTON and BURGER, Circuit Judges.

PER CURIAM.

Petitioner applied for a radio frequency for a one-way mobile paging service in Santa Ana, California. The examiner and the Commission agreed that the frequency should be awarded to intervenor, who offers lower rates and a system capable of serving a larger number of subscribers than petitioner's. We find the Commission's action consistent with its disposition of the Los Angeles phase of these proceedings, which we affirmed in McKean v. F. C. C., ___ U...

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