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

Nos. 16264, 16528.

303 F.2d 766 (1962)

AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WMRO, Inc., Intervenor. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 5, 1962.

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.

Mrs. Ruth V. Reel, 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.

Messrs. William P. Bernton and E. Theodore Mallyck, Washington, D. C., entered appearances for intervenor in No. 16,264.

Before WILBUR K. MILLER, Chief Judge, and DANAHER and BURGER, Circuit Judges.

DANAHER, Circuit Judge.

The appellant is a licensee of station WENR-FM, Class B, Channel 234 in Chicago. On November 4, 1960, the Commission authorized WMRO, Inc., intervenor herein, to operate an FM station in Aurora, Illinois, on Class B, FM Channel 236. After the Commission denied appellant's "Petition for Reconsideration" for reasons set forth at length in its Memorandum Opinion and Order1 of February 17, 1961, ABC noted its appeal...

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