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MARSH v. F. C. C.

No. 23224.

436 F.2d 132 (1970)

Stanley MARSH III, Tom F. Marsh, Michael Marsh, John S. Tyler and Estelle Marsh (limited partner), a partnership d/b/a Marsh Media, Ltd., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION and Stauffer Publications, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 1970.

Attorney(s) appearing for the Case

Mr. Michael Finkelstein, Washington, D.C., for appellant.

Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, John H. Conlin, Associate General Counsel, and Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. L. Adrian Roberts, for intervenor.

Before WRIGHT and TAMM, Circuit Judges, and MATTHEWS, Senior Judge, U.S. District Court for the District of Columbia.

TAMM, Circuit Judge:

This is an appeal from an order of the Federal Communications Commission authorizing licensee Stauffer Publications, Inc. (hereafter "Stauffer") to increase the antenna height of station KGNC-TV located in Amarillo, Texas. The appeal is brought by Marsh Media, Ltd. (hereafter "Marsh"), the operator of a competing television station who had petitioned the Commission to deny the requested authorization; Marsh wanted to create an "antenna farm" in...

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