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WHDH, INC. v. UNITED STATES

No. 72-1031.

457 F.2d 559 (1972)

WHDH, INC., Petitioner, v. UNITED STATES of America, and Federal Communications Commission, Respondents, Boston Broadcasters, Inc., Intervenor.

United States Court of Appeals, First Circuit.

Decided March 1, 1972.

Attorney(s) appearing for the Case

Edward J. Kuhlmann, Counsel, Washington, D. C., with whom John W. Pettit, Gen. Counsel, Joseph A. Marino, Counsel, and Howard F. Shapiro, Atty., Washington, D. C., were on motion to dismiss for F. C. C. and the United States.

Donald E. Ward, Washington, D. C., with whom Benito Gaguine, Fly, Shuebruk, Blume & Gaguine, Washington, D. C., Hiller Zobel, and Brown, Rudnick, Freed & Gesmer, Boston, Mass., were on motion to dismiss for Boston Broadcasters, Inc.

William J. Dempsey, Washington, D. C., in opposition to motions to dismiss for WHDH, Inc.

Before McENTEE and COFFIN, Circuit Judges, and CAFFREY, District Judge.

COFFIN, Circuit Judge.

WHDH, Inc., owner of television station WHDH-TV, has petitioned this court for review, and a stay pending review, of a Federal Communications Commission order of February 2, 1972, which denied WHDH's petition to revoke or suspend an earlier FCC order of January 21, 1972. While other matters were covered by this earlier order, including the termination of WHDH's operating authority, effective March 19, 1972, WHDH deems itself, for purposes of...

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