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JEFFERSON RADIO COMPANY v. F. C. C.

Nos. 18296, 18297.

340 F.2d 781 (1964)

JEFFERSON RADIO COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, W. D. Frink, t/a Jefferson Radio Company, Permittee of Station WIXI, Irondale, Alabama, Intervenor. JEFFERSON RADIO COMPANY, Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, W. D. Frink, t/a Jefferson Radio Company, Permittee of Station WIXI, Irondale, Alabama, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 30, 1964.

Attorney(s) appearing for the Case

Mr. Russell Rowell, Washington, D. C., with whom Mr. Henry R. Goldstein, Washington, D. C., was on the brief, for appellant-petitioner.

Mr. Marvin Rosenberg, Washington, D. C., also entered an appearance for appellant-petitioner.

Mr. Michael Finkelstein, Counsel, Federal Communications Commission, with whom Mr. Max D. Paglin, Gen. Counsel, Federal Communications Commission at the time the brief was filed, and Mr. Daniel R. Ohlbaum, Associate Gen. Counsel, Federal Communications Commission, were on the brief, for appellee-respondents.

Mr. Henry Geller, Gen. Counsel, and Mrs. Ruth V. Reel, Atty., Federal Communications Commission, also entered appearances for appellee-respondents.

Mr. Maurice R. Barnes, Washington, D. C., entered an appearance for intervenor W. D. Frink, t/a Jefferson Radio Co., Permittee of Station WIXI, Irondale, Alabama.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge:

This appeal and petition for review involve a dismissal by the Federal Communications Commission of an application for assignment of a construction permit filed by the appellant-assignee.

In 1956, mutually exclusive proposals for a construction permit for a standard broadcast station were submitted by W. D. Frink, t/a Jefferson Radio Company, intervenor, and Bessemer Broadcasting Company, Inc., controlled by one Dorsey E. Newman. Following...

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