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BELOIT BROADCASTERS, INC. v. F. C. C.

Nos. 19908, 19921.

365 F.2d 962 (1966)

BELOIT BROADCASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Radio Thirteen-Eighty, Inc., Intervenor. THIRTEEN-EIGHTY RADIO CORPORATION and KWK Broadcasting Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Radio Thirteen-Eighty, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 27, 1966.

Attorney(s) appearing for the Case

Mr. David S. Stevens, Washington, D. C., with whom Messrs. James A. McKenna, Jr., and Thomas N. Frohock, Washington, D. C., were on the brief, for appellant in No. 19,908.

Mr. Jack P. Blume, Washington, D. C., with whom Mr. Howard Jay Braun, Washington, D. C., was on the brief, for appellants in No. 19,921.

Mr. Robert D. Hadl, Counsel, FCC, with whom Messrs. Henry Geller, Gen. Counsel, and John H. Conlin, Associate Gen. Counsel, were on the brief, for appellee. Mrs. Lenore G. Ehrig, Counsel, FCC, also entered an appearance for appellee.

Mr. J. Roger Wollenberg, Washington, D. C., for intervenor.

Before BASTIAN, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge:

These appeals challenge the Federal Communications Commission's action granting, without hearing, an authorization to Radio Thirteen-Eighty Inc. (RTEI) permitting operation on an interim basis of a broadcast station in St. Louis at 1380 kc and its denial of the competing application of Thirteen-Eighty Radio Corporation.

In 1963 the Commission revoked the license of the St. Louis station previously broadcasting on 1380 kc with 5 kw of...

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