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CITIZENS COMMITTEE TO KEEP PROGRESSIVE ROCK v. F.C.C.

No. 72-1675.

478 F.2d 926 (1973)

The CITIZENS COMMITTEE TO KEEP PROGRESSIVE ROCK, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Midwestern Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 1973.

As Amended May 11, 1973.

Attorney(s) appearing for the Case

Tracy A. Westen, Washington, D. C., for appellant.

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.

Stanley B. Cohen, Washington, D. C., with whom Ian D. Volner, Washington, D. C., was on the brief for intervenor.

Before McGOWAN and TAMM, Circuit Judges, and WILLIAM J. JAMESON, Senior United States District Judge for the District of Montana.

TAMM, Circuit Judge:

Appellant, a citizens committee organized to contest the assignment of radio station WGLN (FM), Sylvania, Ohio, from Twin States Broadcasting, Inc., to Midwestern Broadcasting Corp., brings this appeal from an order of the Federal Communications Commission [hereinafter "Commission"] affirming a prior grant of the assignment application. The primary issue1 raised by appellant concerns the statutory requirement for a...

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