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JAMES S. RIVERS, INC., (WJAZ) v. F. C. C.

No. 19076.

351 F.2d 194 (1965)

JAMES S. RIVERS, INC., (WJAZ), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 24, 1965.

Petition for Rehearing and for Rehearing Denied November 3, 1965.

Attorney(s) appearing for the Case

Mr. Philip M. Baker, Washington, D. C., with whom Mr. Arthur Scheiner, Washington, D. C., was on the brief, for appellant.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Daniel R. Ohlbaum, Deputy General Counsel, Federal Communications Commission, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and McGOWAN and TAMM, Circuit Judges.

Petition for Rehearing en Banc and for Rehearing before the Division Denied November 3, 1965.

McGOWAN, Circuit Judge:

Before us for review is a decision by the Federal Communications Commission1 to deny petitioner's request for authority to operate its existing daytime AM radio station (WJAZ) in Albany, Georgia, at night as well. This determination was reached after full hearing, and no...

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