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FORT HARRISON TELECASTING CORPORATION v. F. C. C.

No. 16321.

297 F.2d 779 (1961)

FORT HARRISON TELECASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 14, 1961.

Attorney(s) appearing for the Case

Mr. Edward F. Kenehan, Washington, D. C., with whom Mr. Henry R. Goldstein, Washington, D. C., was on the brief, for appellant.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, Federal Communications Commission, and Daniel R. Ohlbaum, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee.

Before Mr. Justice REED, retired, WILBUR K. MILLER, Chief Judge, and BAZELON, Circuit Judge.

WILBUR K. MILLER, Chief Judge.

In 1958, Wabash Valley Broadcasting Corporation applied to the Federal Communications Commission for renewal of its license to operate station WTHI-TV on Channel 10 in Terre Haute, Indiana. Livesay Broadcasting Company also applied for Channel 10. These two mutually exclusive applications were considered in a comparative hearing and a trial examiner filed an initial decision recommending the grant of Wabash Valley's renewal application...

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