MEADVILLE MASTER ANTENNA, INC. v. F. C. C.

No. 19293.

443 F.2d 282 (1971)

MEADVILLE MASTER ANTENNA, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of Ameria, Respondents, Lamb Communications, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Decided May 19, 1971.


Attorney(s) appearing for the Case

Yolanda G. Barco, Barco & Barco, Meadville, Pa., (George J. Barco, Meadville, Pa., Smith, Pepper, Shack, & L'Heureux, Robert F. Corazzini, Washington, D. C., on the brief) for petitioner.

Richard R. Zaragoza, Atty., F. C. C., Washington, D. C., (Richard W. McLaren, Asst. Atty. Gen., Gregory B. Hovendon, Atty., Dept. of Justice, Richard E. Wiley, Gen. Counsel, John H. Conlin, Associate Gen. Counsel, Stuart F. Feldstein, Counsel, F. C. C., Washington, D. C. on the brief) for respondents. Herbert M. Schulkind, Fly, Shuebruk, Blume and Gaguine, Washington, D. C., (Howard Jay Braun, Washington, D. C., on the brief), for Intervenor Lamb Communications, Inc.

Bozic, Bozic, Thomas and Truax, John H. Bozic, Jr., Meadville, Pa., amicus curiae, on brief for subscribers.

Before McLAUGHLIN and VAN DUSEN, Circuit Judges, and HANNUM, District Judge.


OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is a petition for review in which the petitioner, Meadville Master Antenna, Inc. (MMA), appeals from a Memorandum Opinion and Order of the Federal Communications Commission released May 6, 1969, denying petitioner's request for waiver of the nonduplication provisions of section 74.1103(e) of the Rules of the Commission, 47 C.F.R. § 74.1103(e), adopted March 8, 1966.

Petitioner, MMA, is the...

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