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LAKEWOOD BROADCASTING SERVICE, INC. v. F. C. C.

Nos. 72-1757, 72-1758.

478 F.2d 919 (1973)

LAKEWOOD BROADCASTING SERVICE, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, KBTR, Inc., Mission Denver Company, Intervenors. COLORADO CITIZENS FOR BROADCASTING et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, KBTR, Inc., Mission Denver Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Argued December 14, 1972.

Decided May 4, 1973.

Attorney(s) appearing for the Case

Aloysius B. McCabe, Washington, D. C., with whom John C. Quale, Washington, D. C., was on the brief for appellant in No. 72-1757.

Thomas R. Asher, Washington, D. C., for appellant in No. 72-1758.

R. Michael Senkowski, Counsel, F. C. C., with whom John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., were on the brief for appellee.

Harry M. Plotkin, Washington, D. C., with whom Gene A. Bechtel, Eric L. Bernthal and Charles J. McKerns, Washington, D. C., were on the brief, for intervenors. Ralph W. Hardy, Jr., Washington, D. C., also entered an appearance for intervenor KBTR, Inc.

Before BAZELON, Chief Judge, TAMM, Circuit Judge and HARRISON WINTER, Circuit Judge for the Fourth Circuit.

Rehearings Denied in No. 72-1757 May 24, 1973 and in No. 72-1758 May 29, 1973.

TAMM, Circuit Judge:

These consolidated appeals are taken from a Memorandum Opinion and Order of the Federal Communications Commission [hereinafter "Commission"] granting an application for assignment of the license of radio station KBTR (AM), Denver, Colorado, and the contemporaneous denial of the appellants' Petitions to Deny the assignment. The Commission opinion is reported...

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