GREATER BOSTON TELEVISION CORPORATION, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WHDH, Inc., a Massachusetts Corporation, Intervenor.
WHDH, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Greater Boston Television Corporation, a Massachusetts Corporation, Intervenor.
CHARLES RIVER CIVIC TELEVISION, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WHDH, Inc., Boston Broadcasters Inc., Intervenors.
WHDH, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Boston Broadcasters, Inc., Intervenor.
GREATER BOSTON TV CO., Inc., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WHDH, Inc., Boston Broadcasters Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 25, 1970.
Decided November 13, 1970.
As amended December 31, 1970.
Petitions for Rehearing Denied and Opinion Modified February 16, 1971.
Certiorari Denied June 14, 1971.
Attorney(s) appearing for the Case
Mr. J. Joseph Maloney, Jr., Boston, Mass., for appellant in Nos. 17,785 and 23,172 and intervenors in No. 17,788.
Mr. William J. Dempsey, Washington, D.C., with whom Messrs. William C. Koplovitz, J. Richard Carr and John J. Dempsey, Washington, D.C., were on the brief, for appellant in Nos. 17,788 and 23,159 and intervenor, WHDH, in Nos. 17,785, 23,154 and 23,172. Mr. Harry J. Ockershausen, Washington, D.C., was also on the brief for appellant in No. 17,788.
Mr. Harry M. Plotkin, Washington, D.C., with whom Messrs. Thomas Schattenfield, and William L. Fishman, Washington, D.C., were on the brief, for appellant in No. 23,154.
Mr. Henry Geller, General Counsel, Federal Communications Commission, with whom Messrs. John H. Conlin, Associate General Counsel, Edward J. Kuhlmann and Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, were on the brief, for appellee.
Mr. Benito Gaguine, Washington, D. C., with whom Mr. Donald E. Ward, Washington, D.C., was on the brief, for intervenor, Boston Broadcasters Inc., in Nos. 23,154, 23,159 and 23,172.
Messrs. Vincent B. Welch and Gerald S. Rourke, Washington, D.C., filed a brief on behalf of Hampton Roads Television Corporation and Community Broadcasting of Boston, Inc., as amici curiae.
Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Certiorari Denied June 14, 1971. See 91 S.Ct. 2229, 2233.
LEVENTHAL, Circuit Judge:
This appeal marks the culmination of a sixteen year struggle to determine the licensee to operate a television station on Channel 5 in Boston. Rivals for the license have been before this court on three previous occasions.
The Federal Communications Commission previously made a limited award to WHDH, Inc., and that company has been operating the station, WHDH, under...
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