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TV 9, INC. v. F. C. C.

Nos. 72-2049, 72-2051, 72-2057 and 72-2059.

495 F.2d 929 (1973)

TV 9, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mid-Florida Television Corporation, Intervenor. COMINT CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, TV 9, Inc. and Mid-Florida Television Corporation, Intervenors. CENTRAL NINE CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, TV 9, Inc. and Mid-Florida Television Corporation, Intervenors. FLORIDA HEARTLAND TELEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, TV 9, Inc. and Mid-Florida Television Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 1973.

Rehearing and Rehearing Denied February 28, 1974.

Attorney(s) appearing for the Case

Reed Miller, Washington, D. C., with whom Thomas H. Wall and Alan C. Campbell, Washington, D. C., were on the brief, for appellant in No. 72-2049 and intervenor TV 9, Inc.

John D. Lane, Washington, D. C., with whom Ramsey L. Woodworth and John W. Lyon, Washington, D. C., were on the brief for appellant in No. 72-2051.

Thomas M. P. Christensen, Washington, D. C., with whom Edward P. Morgan, Washington, D. C., was on the brief for appellant in No. 72-2057.

Vincent A. Pepper and Robert J. Buenzle, Washington, D. C., were on the brief for appellant in No. 72-2059.

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.

Paul Dobin, Washington, D. C., with whom Joel H. Levy, Washington, D. C., was on the brief, for intervenor Mid-Florida Television Corp.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and ROBINSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 28, 1974.

FAHY, Senior Circuit Judge:

For the prior history of the controversy over who is entitled to a construction permit to operate a commercial television station on Channel 9 in Orlando, Florida, now before us again in these consolidated appeals, one may turn to the decisions of this court enumerated in the margin.1

In 1965...

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