HALPERN v. F. C. C.

No. 17988.

331 F.2d 774 (1964)

William S. HALPERN and Louis N. Seltzer d/b as Burlington Broadcasting Company, Burlington, New Jersey, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mount Holly-Burlington Broadcasting Co., Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 19, 1964.


Attorney(s) appearing for the Case

Mr. Arthur Scheiner, Washington, D. C., with whom Mr. Philip Bergson, Washington, D. C., was on the brief, for appellants.

Mr. Howard Jay Braun, Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, and Daniel R. Ohlbaum, Assoc. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Ernest O. Eisenberg and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. Herbert M. Schulkind, Washington, D. C., with whom Mr. Benito Gaguine, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, BURGER and WRIGHT, Circuit Judges.


BURGER, Circuit Judge.

This is an appeal from a decision and order of the Federal Communications Commission released June 14, 1963 granting a construction permit to Intervenor John J. Farina trading as Mt. Holly-Burlington Broadcasting and denying the application of appellants and others. The permit covers a new standard broadcast station on 1460 kc, 5 kilowatts, directional antenna, daytime only.

After hearings were concluded the Examiner released an Initial...

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