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ALLIED BROADCASTING, INC. v. F. C. C.

No. 23423.

435 F.2d 68 (1970)

ALLIED BROADCASTING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Lorain Community Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1970.

As Amended August 6, 1970.

Attorney(s) appearing for the Case

Mr. Peter Tannenwald, Washington, D. C., for appellant. Messrs. Harry M. Plotkin, Thomas Schattenfield and William L. Fishman, Washington, D. C., were on the brief, for appellant.

Mr. Joseph A. Marino, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, John H. Conlin, Associate General Counsel, and Mr. Lenore C. Ehrig, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Robert A. Marmet, Washington, D. C., for intervenor.

Before LEVENTHAL, ROBB, and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

This is an appeal from an order of the Federal Communications Commission affirming a decision of its Review Board1 awarding a license for a new AM radio station in Lorain, Ohio, to Lorain Community Broadcasting Company (Intervenor) and denying the applications of Allied Broadcasting Inc., and Midwest Broadcast Company.2

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