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COMMUNITY TELEVISION, INC. v. UNITED STATES

No. 9954.

404 F.2d 771 (1969)

COMMUNITY TELEVISION, INC., d/b/a Laramie Community TV Company, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents. Frontier Broadcasting Company, Intervenor.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 7, 1969.

Attorney(s) appearing for the Case

George M. McMillan, Salt Lake City, Utah (William J. Potts, Jr., and Henry A. Solomon, Washington, D. C., with him on the brief) for petitioner.

Stuart F. Feldstein, Counsel, F. C. C., Washington, D. C. (Edwin M. Zimmerman, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C., Henry Geller, Gen. Counsel, John H. Conlin, Associate Gen. Counsel, Federal Communications Commission, Washington, D. C., with him on the brief) for respondents.

Arthur B. Goodkind, Washington, D. C. (Alan Y. Naftalin, Washington, D. C., with him on the brief), for intervenor.

Before LEWIS, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This is a petition to review two orders of the Federal Communications Commission which denied a waiver of the non-duplication rule promulgated by the Commission.

The issues presented are whether the action of the Commission was arbitrary and capricious when it denied the temporary waiver, and whether it was proper for the Commission to deny the requested waiver without a hearing?

Frontier Broadcasting Company, intervenor herein...

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