STAR TELEVISION, INC. v. F. C. C.

Nos. 21277, 21541-21547.

416 F.2d 1086 (1969)

STAR TELEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. COMMUNITY BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. CITIZENS TELEVISION CORP., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. FEDERAL BROADCASTING SYSTEM, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. HERITAGE RADIO AND TELEVISION BROADCASTING CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. GENESEE VALLEY TELEVISION CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. MAIN BROADCAST CO., Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor. ROCHESTER TELECASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Flower City Television Corp., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 30, 1969.

Petition for Rehearing Denied April 1, 1969.

Certiorari Denied October 27, 1969.


Attorney(s) appearing for the Case

Mr. Eugene F. Mullin, Jr., Washington, D. C., for appellant in No. 21546, and Mr. Benedict P. Cottone, Washington, D. C., for appellant in No. 21541, argued on behalf of all appellants. Messrs. J. Parker Connor and S. White Rhyne, Jr., Washington, D. C., also entered appearances for appellant in No. 21546. Mr. Peter Shuebruk, Washington, D. C., was on the brief for appellant in No. 21277. Mr. Howard Jay Braun, Washington, D. C., also entered an appearance for appellant in No. 21277. Messrs. Vincent B. Welch and Robert N. Green, Washington, D. C., were on the brief for appellant in No. 21542. Mr. George R. Douglas, Jr., Washington, D. C., was on the brief for appellant in No. 21544. Messrs. Arthur Scheiner and Gilbert B. Lessenco, Washington, D. C., were on the brief for appellant in No. 21544. Messrs. Edgar W. Holtz and G. Richard Dunnells, Washington, D. C., were on the brief for appellant in No. 21545. Messrs. Warren Woods and Everett D. Johnston, Washington, D. C., were on the brief for appellant in No. 21547. Mr. Jon F. Hollengreen, Washington, D. C., also entered an appearance for appellant in No. 21547.

Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, with whom Mr. Henry Geller, General Counsel, Mr. John H. Conlin, Associate General Counsel, and Mr. Edward J. Kuhlmann, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Harold David Cohen, with whom Messrs. Thomas N. Dowd, William S. Green, and J. Laurent Scharff, Washington, D. C., were on the brief, for intervenor.

Before PRETTYMAN, Senior Circuit Judge, and BURGER and LEVENTHAL, Circuit Judges.


Certiorari Denied October 27, 1969. See 90 S.Ct. 171, 178.

PRETTYMAN, Senior Circuit Judge:

These are appeals from a decision and order of the Federal Communications Commission, in which the Commission awarded a construction permit for a television broadcast station on Channel 13 at Rochester, New York. There are eight appellants in as many appeals, consolidated. The appeals are from a Decision1 and a Memorandum Opinion and Order...

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