LORAIN JOURNAL COMPANY v. F. C. C.

Nos. 18955, 18957.

351 F.2d 824 (1965)

The LORAIN JOURNAL COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Elyria-Lorain Broadcasting Company, Intervenor. W.W.I.Z., INC., and Sanford A. Schafitz, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Elyria-Lorain Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 8, 1965.


Attorney(s) appearing for the Case

Mr. Clair L. Stout, Washington, D. C., with whom Mr. L. Adrian Roberts, Washington, D. C., was on the brief, for appellant in No. 18,955.

Mr. Carl L. Shipley, Washington, D. C., with whom Mr. Thomas A. Ziebarth, Washington, D. C., was on the brief, for appellants in No. 18,957.

Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and Ernest O. Eisenberg, Counsel, Federal Communications Commission, were on the brief, for appellee. Messrs. Daniel R. Ohlbaum, Deputy General Counsel, and Howard Jay Braun, Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. Marcus Cohn, Washington, D. C., with whom Mr. Stanley S. Neustadt, Washington, D. C., was on the brief, for intervenor. Mr. Stanley B. Cohen, Washington, D. C., also entered an appearance for intervenor.

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


LEVENTHAL, Circuit Judge:

These consolidated cases involve appeals1 by The Lorain Journal Company (Journal)2 in Case No. 18,955, and by W.W.I.Z., Inc. (WWIZ, Inc.) and Sanford A. Schafitz (Schafitz) in Case No. 18,957, from the decision of the Federal Communications Commission (Commission) of March 25, 1964, denying both the application of WWIZ, Inc. filed July 5,...

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