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RED LION BROADCASTING CO. v. F. C. C.

No. 19938.

381 F.2d 908 (1967)

RED LION BROADCASTING CO., Inc., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1967.

Attorney(s) appearing for the Case

Mr. Robert E. Manuel, Washington, D. C., with whom Mr. Thomas B. Sweeney, Washington, D. C., was on the brief, for petitioners.

Mr. Henry Geller, Gen. Counsel, F. C. C., with whom Asst. Atty. Gen. Turner, Messrs. John H. Conlin, Associate Gen. Counsel, Robert D. Hadl, Counsel, F. C. C., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondents. Mrs. Lenore G. Ehrig, Counsel, F. C. C., also entered an appearance for respondent Federal Communications Commission.

Before WILBUR K. MILLER, Senior Circuit Judge, and FAHY and TAMM, Circuit Judges.

The action of the Federal Communications Commission is affirmed. Circuit Judge Tamm files an opinion. Circuit Judge Fahy files a separate opinion. Senior Circuit Judge Miller notes his non-participation in the consideration and decision of the case on the merits.

TAMM, Circuit Judge:

I. Earlier Proceedings in This Court.

Argument of this case, after a full briefing schedule, was conducted before this...

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