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CONSOLIDATED NINE, INC. v. F. C. C.

Nos. 20961, 21274.

403 F.2d 585 (1968)

CONSOLIDATED NINE, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Comint Corporation and Mid-Florida Television Corporation, Intervenors. COMINT CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mid-Florida Television Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 3, 1968.

Attorney(s) appearing for the Case

Mr. Thomas H. Wall, Washington, D. C., with whom Messrs. Alan C. Campbell, Dow, Lohnes & Albertson, Edward P. Morgan, Vincent A. Pepper and Reed Miller, Washington, D. C., were on the brief, for appellant in No. 20,961.

Mr. John D. Lane, Washington, D. C., with whom Messrs. J. Carter McKaig, Washington, D. C., and Paul C. Perkins, Orlando, Fla., were on the brief, for appellant in No. 21,274 and intervenor in No. 20,961.

Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and Stuart F. Feldstein, 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. Robert D. Hadl, Counsel, Federal Communications Commission, entered an appearance for appellee in No. 20,961.

Mr. Paul Dobin, Washington, D. C., with whom Mr. Joel H. Levy, Washington, D. C., was on the brief, for intervenor Mid-Florida Television Corporation.

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

BURGER, Circuit Judge:

This is an appeal by Consolidated Nine, Inc. and Comint Corporation from an opinion and order of the Federal Communications Commission which denied an application for interim operating authority and granted authority to Mid-Florida Television Corporation, Intervenor here, to continue the operation of channel 9 pending resolution of a new comparative hearing before the Commission. Consolidated Nine is an open-end joint group in which four of...

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