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JAMES RIVER BROADCASTING CORPORATION v. F. C. C.

No. 21180.

399 F.2d 581 (1968)

JAMES RIVER BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Rose Mae Springer, etc., et al., d/b as Suffolk Broadcasters, KFAB Broadcasting Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 5, 1968.

Attorney(s) appearing for the Case

Mr. Lauren A. Colby, Washington, D. C., for appellant.

Mr. William L. Fishman, 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. William P. Bernton, Washington, D. C., for intervenor, Suffolk Broadcasters.

Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief, for intervenor KFAB Broadcasting Company.

Before EDGERTON, Senior Circuit Judge, and BURGER and McGOWAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the Federal Communications Commission refusing to consolidate for hearing with competing applications the standard broadcast application of James River Broadcasting Corp., and returning the application as unacceptable. We hold that the Commission has not acted in conformance with its own rules, and accordingly remand the case for further consideration in the light of those rules.

Under 47 C.F.R. § 1.571(c...

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