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BUCKLEY v. UNITED STATES

No. 15501.

289 F.2d 458 (1961)

William H. BUCKLEY, t/a Tri-Counties Broadcasting Company, Petitioner, v. UNITED STATES of America, and Federal Communications Commission, Respondents, National Broadcasting Company, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 30, 1961.

Petition for Rehearing Denied April 21, 1961.

Attorney(s) appearing for the Case

Mr. Benedict P. Cottone, Washington, D. C., with whom Mr. Arthur Scheiner, Washington, D. C., was on the brief, for petitioner.

Mr. Max D. Paglin, now Gen. Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel of the Federal Communications Commission at the time the brief was filed, Richard M. Zwolinski, Counsel, Federal Communications Commission, Richard A. Solomon and Henry Geller, Attys., Dept. of Justice, were on the brief, for respondents.

Mr. Denis G. McInerney, New York City, with whom Messrs. Eugene F. Sikorovsky and Howard Monderer, Washington, D. C., were on the brief, for intervenor.

Before BAZELON, WASHINGTON and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied April 21, 1961.

PER CURIAM.

The order of the Commission is affirmed. Harvey Radio Labs., Inc. v. F. C. C., 110 U.S.App.D.C. ___, 289 F.2d 458.

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