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BLUMENTHAL v. F.C.C.

No. 17208.

318 F.2d 276 (1963)

Stanley BLUMENTHAL et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Mr. Victor Rabinowitz, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Joseph Forer, Washington, D. C., was on the brief, for petitioners.

Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, Daniel R. Ohlbaum, Assoc. Gen. Counsel, Federal Communications Commission, and Lionel Kestenbaum, Atty., Dept. of Justice, were on the brief, for respondents.

Before BAZELON, Chief Judge, and FAHY and WRIGHT, Circuit Judges.

FAHY, Circuit Judge.

Petitioners Blumenthal, Jones and Paschal each applied to the Federal Communications Commission for a radio operator's license. Their applications were dismissed. They petition this court to review the orders of the Commission dismissing the applications. Our jurisdiction is rested upon § 402(a) of the Communications Act, 47 U.S.C. § 402(a).

The dismissals were made on the ground that each applicant had failed to respond adequately...

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