OFFICE OF COMMUN. OF UNITED CHURCH OF CHRIST v. F. C. C.

No. 19409.

425 F.2d 543 (1969)

OFFICE OF COMMUNICATION OF THE UNITED CHURCH OF CHRIST, Aaron Henry, Robert L. T. Smith, and United Church of Christ at Tougaloo, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Lamar Life Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1969.

Rehearing Denied September 5, 1969.


Attorney(s) appearing for the Case

Mr. Earle K. Moore, New York City (except for Aaron Henry, On Rehearing), with whom Mr. Henry F. Lerch, Washington, D. C., and Mrs. Ann Aldrich, Cleveland, Ohio, were on the brief, for appellants.

Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Howard J. Braun, Counsel, Federal Communications Commission at the time the record was filed, also entered an appearance for appellee.

Mr. Paul A. Porter, Washington, D. C., with whom Mr. Reed Miller, Dennis G. Lyons and Robert D. Rosenbaum, Washington, D. C., was on the brief, for intervenor.

Messrs. Peter L. Koff and Lawrence Speiser, Washington, D. C., filed a brief on behalf of American Civil Liberties Union as amicus curiae urging reversal.

Before BURGER, McGOWAN and TAMM, Circuit Judges.


Rehearing En Banc Denied September 5, 1969.

BURGER, Circuit Judge:

This case returns to the Court again after hearings held pursuant to an earlier opinion of this Court in which we directed that intervenors representing segments of the licensee's listening public were to be permitted to intervene and participate.1 No additional intervenors thereafter sought to take part in the Commission proceedings.2

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