COMMUNITY BROADCASTING SERVICE, INC. v. F. C. C.

No. 20384.

377 F.2d 143 (1967)

COMMUNITY BROADCASTING SERVICE, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mortimer Hendrickson and Vivian Eliza Hendrickson, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1967.


Attorney(s) appearing for the Case

Mr. Theodore Baron, Washington, D. C., for appellant. Mr. Arthur W. Scharfeld, Washington, D. C., also entered an appearance for appellant.

Mr. Joseph A. Marino, Counsel, F. C. C., with whom Mr. Henry Geller, Gen. Counsel, Mr. John H. Conlin, Associate Gen. Counsel, and Mrs. Lenore G. Ehrig, Counsel, F. C. C., were on the brief, for appellee.

Mr. Benedict P. Cottone, Washington, D. C., for intervenors.

Before PRETTYMAN, Senior Circuit Judge, and DANAHER and LEVENTHAL, Circuit Judges.


PER CURIAM:

Two applicants filed for an FM broadcast license in the same town. The Commission set the applications for comparative hearing. The examiners took much evidence, considered numerous factors, and on balance, by a close margin, made the award. The Review Board also considered the many factors and reversed the examiners. The Commission modified the Board's findings in several respects and affirmed as modified. The...

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