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MINERS BROADCASTING SERVICE, INC. v. F. C. C.

No. 18492.

349 F.2d 199 (1965)

MINERS BROADCASTING SERVICE, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Monroeville Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 17, 1965.

Attorney(s) appearing for the Case

Mr. Charles J. McKerns, Washington, D. C., with whom Mr. Earl R. Stanley, Washington, D. C., was on the brief, for appellant.

Mr. Howard Jay Braun, Counsel, F. C. C., with whom Messrs. Henry Geller, Gen. Counsel, and Daniel R. Ohlbaum, Associate Gen. Counsel, F. C. C., were on the brief, for appellee.

Messrs. Robert M. Booth, Jr., John L. Tierney and Joseph F. Hennessey, Washington, D. C., entered appearances for intervenor.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and BURGER, Circuit Judge.

BAZELON, Chief Judge.

This is an appeal from an order of the Federal Communications Commission granting intervenor's application for a standard broadcast facility and denying appellant's mutually exclusive application. Both applicants requested a Class II station on the frequency 1510 kilocycles to be located in a suburb within the Pittsburgh Urbanized Area and to serve parts of Pittsburgh. This case again raises the issue of the Commission's characterization of the...

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