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FISCHER v. F. C. C.

Nos. 21942, 22400.

417 F.2d 551 (1969)

Edwin R. FISCHER, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, The Tidewater Broadcasting Company, Inc., Intervenor. The TIDEWATER BROADCASTING COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 14, 1969.

Attorney(s) appearing for the Case

Mr. William P. Bernton, Washington, D. C., for appellant in No. 21,942.

Mr. Robert M. Booth, Jr., Washington, D. C., for appellant in No. 22,400 and intervenor in No. 21,942.

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

Before BAZELON, Chief Judge, PRETTYMAN, Senior Circuit Judge, and McGOWAN, Circuit Judge.

PRETTYMAN, Senior Circuit Judge:

These cases, consolidated for argument here, challenge orders of the Federal Communications Commission which denied applications for radio licenses in Newport News and Smithfield, Virginia. Appellant Edwin R. Fischer proposed the former, while The Tidewater Broadcasting Company, Inc., sought a license for Smithfield. The applications were designated for hearing as mutually exclusive. After extensive and somewhat complicated proceedings...

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