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ALLEGANY COUNTY BROADCASTING CORPORATION v. F. C. C.

No. 19017.

348 F.2d 778 (1965)

ALLEGANY COUNTY BROADCASTING CORPORATION and Cumberland Valley Broadcasting Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WKYR, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 8, 1965.

Petition for Rehearing Denied August 31, 1965.

Attorney(s) appearing for the Case

Mr. Stanley S. Neustadt, Washington, D. C., with whom Messrs. Leonard H. Marks and Paul Dobin, Washington, D. C., were on the brief for appellant, Cumberland Valley Broadcasting Corporation.

Mr. Daniel R. Ohlbaum, Deputy General Counsel, Federal Communications Commission, for appellee. Messrs. Henry Geller, General Counsel, John H. Conlin, Associate General Counsel, and Joel H. Levy, Attorney, Federal Communications Commission, were on the brief, for appellee.

Mr. William A. Porter, Washington, D. C., for intervenor.

Mr. Vincent A. Pepper, Washington, D. C., was on the brief for appellant Allegany County Broadcasting Corporation.

Before FAHY, WASHINGTON, and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied August 31, 1965.

FAHY, Circuit Judge.

Intervenor, WKYR, Inc., applied to the Commission to be allowed to change the location of its standard broadcast station from Keyser, West Virginia, to Cumberland, Maryland, a distance of some eighteen miles, and to operate at the changed location on a full-time basis. Its Keyser operation was daytime only. Appellants, licensees of broadcast stations located at Cumberland, petitioned...

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