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DACRE v. F. C. C.

No. 18956.

352 F.2d 647 (1965)

George DACRE and Henry Edelstein d/b/a Rockland Broadcasting Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Rockland Radio Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 10, 1965.

Petition for Rehearing Denied December 8, 1965.

Attorney(s) appearing for the Case

Mr. Samuel Miller, Washington, D. C., with whom Mr. Mark E. Fields, Washington, D. C., was on the brief, for appellant.

Mr. Michael Finkelstein, Counsel, F. C. C., with whom Messrs. Henry Geller, Gen. Counsel, and John H. Conlin, Associate Gen. Counsel, F. C. C., were on the brief, for appellee. Mr. Daniel R. Ohlbaum, Deputy Gen. Counsel, F. C. C., also entered an appearance for appellee.

Mr. Herbert M. Schulkind, Washington, D. C., with whom Mr. Benito Gaguine, Washington, D. C., was on the brief, for intervenor.

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

PER CURIAM.

Appellant applied to the Federal Communications Commission for a license to operate a Class III radio station located at Blauvelt, an amorphous community in Rockland County, New York. Intervenor and another subsequently requested similar, mutually exclusive facilities in nearby Spring Valley, New York. The Commission found that Spring Valley is the largest city in Rockland County and its commercial center and therefore has a greater need for a first local...

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