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WFTL BROADCASTING COMPANY v. F.C.C.

No. 19970.

376 F.2d 782 (1967)

WFTL BROADCASTING COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Boca Broadcasters, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 31, 1967.

Attorney(s) appearing for the Case

Mr. Alan Y. Naftalin, Washington, D. C., with whom Mr. Jeremiah D. Lambert, Washington, D. C., was on the brief, for petitioner. Mr. Bernard Koteen, Washington, D. C., also entered an appearance for petitioner.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Asst. Atty. Gen. Donald F. Turner, Messrs. Henry Geller, General Counsel, John H. Conlin, Associate General Counsel, Federal Communications Commission, and Howard E. Shapiro, Attorney, Department of Justice, were on the brief, for respondents. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for respondents.

Mr. Howard S. Boros, Washington, D. C., entered an appearance for intervenor.

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

BURGER, Circuit Judge.

We are asked to review an order of the Federal Communications Commission denying Petitioner's request to intervene in a hearing involving an application for an FM radio station in Florida. Petitioner is now the licensee of both standard and FM stations at Ft. Lauderdale, Florida.

Late in 1964 four mutually exclusive applications, including that of Intervenor, Boca Broadcasters, Inc., were filed for construction permits of FM stations...

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