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CAPITAL TELEPHONE COMPANY, INC. v. F. C. C.

No. 72-1715.

498 F.2d 734 (1974)

CAPITAL TELEPHONE COMPANY, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Boris and Annette F. Squire, d/b/a Air Page, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 1974.

Attorney(s) appearing for the Case

Henry A. Solomon, Washington, D. C., for appellant.

Gregory M. Christopher, 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.

Jeremiah Courtney and Arthur Blooston, Washington, D. C., were on the brief for intervenor.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

Capital Telephone Co. (Capital) appeals from a decision of the Federal Communications Commission (the Commission) denying its application for authority to construct and operate a one-way radio paging station at Albany, New York. Capital contends that the Commission's action deprived it of a comparative hearing in violation of its statutory right. We find the Commission's action to be in accord with the governing statute and therefore affirm...

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