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SAYGER v. F. C. C.

No. 16956.

312 F.2d 352 (1962)

Herman E. SAYGER, tr/as Sayger Broadcasting Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 13, 1962.

Attorney(s) appearing for the Case

Mr. Michael H. Bader, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for appellant.

Mr. Herman I. Branse, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, General Counsel, and Daniel R. Ohlbaum, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Before BASTIAN, BURGER and WRIGHT, Circuit Judges.

WRIGHT, Circuit Judge.

Alleging that the Commission arbitrarily refused to waive its ten per cent interference rule1 in denying its application for a new full-time standard broadcast station to be located at Tiffin, Ohio, appellant asks reversal of the Commission's order. We find there is substantial evidence in the record viewed as a whole to support the Commission's action.

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