CITIZENS TV PROTEST COMMITTEE, and Clarksburg Publishing Company, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Rust Craft Broadcasting Company, Northern West Virginia Television Broadcasting Company, WJPB-TV, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 14, 1964.
Decided May 7, 1965.
Attorney(s) appearing for the Case
Messrs. Joseph A. Fanelli and Benedict P. Cottone, Washington, D. C., for appellants.
Mr. Daniel R. Ohlbaum, Deputy General Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and Joel H. Levy, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Arthur B. Goodkind, Counsel, Federal Communications Commission, also entered an appearance for appellee.
Mr. E. Stratford Smith, with whom Mr. Robert C. Barnard was on the brief for intervenor, Northern West Virginia Television Broadcasting Co. Mr. R. Michael Duncan also entered an appearance for intervenor, Northern West Virginia Television Broadcasting Co.
Messrs. Paul A. Porter, Reed Miller and Thomas G. Fisher, Washington, D. C., were on the brief for intervenor, Rust Craft Broadcasting Co.
Messrs. James A. McKenna, Jr., Joseph M. Kittner and Thomas N. Frohock, Washington, D. C., entered appearances for intervenor, WJPB-TV, Inc.
Before BAZELON, Chief Judge, and FAHY and WRIGHT, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Chief Judge:
Without hearing, the Federal Communications Commission granted intervenor Northern West Virginia Broadcasting Company's application for assignment from intervenor Rust Craft Broadcasting Company of the license to operate WBOY-TV, the only television station in Clarksburg, West Virginia.1 Appellants, an ad hoc committee of Clarksburg townspeople and the publishers of the Clarksburg newspaper, were not parties to the...
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