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HARTFORD COMMUNICATIONS COMMITTEE v. F. C. C.

No. 72-1171.

467 F.2d 408 (1972)

HARTFORD COMMUNICATIONS COMMITTEE et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, RKO General, Inc., Intervenor, Faith Center, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 1972.

Attorney(s) appearing for the Case

Mr. Robert Jay Stein, Washington, D. C., with whom Mr. Albert H. Kramer, Washington, D. C., was on the brief, for appellants.

Mr. Charles M. Firestone, Counsel, F. C. C., with whom Messrs. John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., were on the brief for appellee.

Mr. Morton L. Berfield, Washington, D. C., for intervenor Faith Center.

Mr. J. Laurent Scharff, Washington, entered an appearance for intervenor, RKO General, Inc.

Before TAMM and ROBB, Circuit Judges, and CHARLES E. WYZANSKI, Senior District Judge for the District of Massachusetts.

TAMM, Circuit Judge:

This is an appeal from an order of the Federal Communications Commission approving the assignment of television station WHCT-TV, Hartford, Connecticut, from RKO General, Inc. (hereinafter "RKO"), to Faith Center, Inc.1 The issue posed is whether the Commission could reasonably conclude that appellants had not raised substantial and material questions of fact which would make a prima facie showing that Commission...

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