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COMMUNITY FIRST CORPORATION v. F. C. C.

Nos. 21253, 21257.

403 F.2d 578 (1968)

COMMUNITY FIRST CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Florida-Georgia Television Co., Inc., Intervenor. The NEW HORIZONS TELECASTING COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Florida-Georgia Television Co., Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 3, 1968.

Attorney(s) appearing for the Case

Mr. Edward P. Morgan, Washington, D. C., attorney for appellant in No. 21,253, argued on behalf of both appellants.

Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and Edward J. Kuhlmann, 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. Alan Y. Naftalin, Washington, D. C., with whom Messrs. Bernard Koteen and Arthur B. Goodkind, Washington, D. C., were on the brief, for intervenor.

Messrs. Frank U. Fletcher, Robert L. Heald and Edward W. Hummers, Jr., Washington, D. C., were on the brief for appellant in No. 21,257. Mr. Marvin Rosenberg, Washington, D. C., also entered an appearance for appellant in No. 21,257.

Before BASTIAN, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

BURGER, Circuit Judge:

In 1952, Florida-Georgia Television Company, Inc. (Florida-Georgia) applied for a construction permit for channel 12, a VHF television channel assigned to Jacksonville, Florida. After a comparative hearing with two other mutually exclusive applications for channel 12 — those of Jacksonville Broadcasting Corporation and the City of Jacksonville — the Commission awarded the construction permit to Florida-Georgia in 1956. No appeal...

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