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JUPITER ASSOCIATES, INC. v. F. C. C.

No. 22145.

420 F.2d 108 (1969)

JUPITER ASSOCIATES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Elizabeth, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Mr. Robert M. Booth, Jr., Washington, D. C., for appellant.

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

Messrs. Robert W. Coll and Carl R. Ramey, Washington, D. C., entered appearances for intervenor.

Before BAZELON, Chief Judge, and TAMM and ROBINSON, Circuit Judges.

TAMM, Circuit Judge:

Three mutually exclusive applications were filed with the Federal Communications Commission in 1962 for new standard broadcast stations (AM) in the northeastern part of New Jersey. Each application proposed to operate on the frequency of 1530 kilohertz and consequently the applications were designated for a consolidated hearing. Following this hearing, in December, 1963, the trial examiner issued his Initial Decision,

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