OFFICE OF COMMUNICATION OF UNITED CHURCH OF CHRIST v. F. C. C.

No. 19409.

359 F.2d 994 (1966)

OFFICE OF COMMUNICATION OF the UNITED CHURCH OF CHRIST, Aaron Henry, Robert L. T. Smith and United Church of Christ at Tougaloo, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Lamar Life Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 25, 1966.


Attorney(s) appearing for the Case

Mr. Orrin G. Judd, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Earle K. Moore, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, and Henry F. Lerch, Washington, D. C., and Mrs. Ann Aldrich were on the brief, for appellants.

Mr. John H. Conlin, Associate Gen. Counsel, F. C. C., with whom Messrs. Henry Geller, Gen. Counsel, and Howard Jay Braun, Counsel, F. C. C., were on the brief, for appellee.

Mr. Paul A. Porter, Washington, D. C., with whom Messrs. Reed Miller and Jamie Hunter, Washington, D. C., were on the brief, for intervenor.

Mr. Lawrence Speiser, Washington, D. C., filed a brief on behalf of American Civil Liberties Union, as amicus curiæ, urging reversal.

Before BURGER, McGOWAN and TAMM, Circuit Judges.


BURGER, Circuit Judge:

This is an appeal from a decision of the Federal Communications Commission granting to the Intervenor a one-year renewal of its license to operate television station WLBT in Jackson, Mississippi. Appellants filed with the Commission a timely petition to intervene to present evidence and arguments opposing the renewal application. The Commission dismissed Appellants' petition and, without a hearing, took the unusual step of granting a restricted...

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