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NORTHEAST BROADCASTING, INC. v. F.C.C.

No. 21419.

400 F.2d 749 (1968)

NORTHEAST BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Naugatuck Valley Service, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 19, 1968.

Attorney(s) appearing for the Case

Mr. James A. Gammon, Washington, D.C., with whom Miss Lorie M. Molnar, Washington, D.C., was on the brief, for appellant.

Mr. Edward J. Kuhlmann, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, John H. Conlin, Associate General Counsel, and Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Vernon L. Wilkinson, Washington, D.C., whom Mr. James A. McKenna, Jr., Washington, D.C., was on the brief, for intervenor.

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

TAMM, Circuit Judge:

We are asked by appellant in this proceeding to set aside a Memorandum, Opinion and Order of the Federal Communications Commission released on October 16, 1967 (FCC 67-1126). That Opinion and Order finalized as Commission action a Decision of the Commission Review Board released July 7, 1967 (FCC 67R-280) and consequently appellant's challenge penetrates the Commission's Order and seeks to set aside the Review Board Decision.

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