BROADCAST ENTERPRISES, INC. v. F. C. C.

No. 21430.

390 F.2d 483 (1968)

BROADCAST ENTERPRISES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WMEG, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1968.


Attorney(s) appearing for the Case

Mr. Donald E. Ward, Washington, D. C., with whom Messrs. Benito Gaguine, and James K. Edmundson, Jr., Washington, D. C., were on the brief, for appellant.

Mr. William L. Fishman, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Mark E. Fields, Washington, D. C., with whom Mr. Samuel Miller, Washington, D. C., was on the brief, for intervenor.

Before FAHY, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.


FAHY, Senior Circuit Judge:

The appeal is from an Order of the Commission (a) dismissing Broadcast Enterprises' petition to deny an application of Mel-Eau Broadcasting Corporation, licensee of Station WMEG, of Eau Gallie, Florida, for assignment of its license to WMEG, Inc., and (b) granting the application.

The Commission held that appellant did not have standing, but nevertheless went on to decide that its petition to deny was inadequate to require an evidentiary...

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