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LEBANON VALLEY RADIO, INC. v. F. C. C.

No. 73-1356.

503 F.2d 196 (1974)

LEBANON VALLEY RADIO, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Lebanon Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 1974.

Attorney(s) appearing for the Case

Theodore Baron, Washington, D. C., for appellant.

Daniel M. Armstrong, Counsel, Federal Communications Commission, with whom John W. Pettit, Gen. Counsel, at the time the brief was filed, Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, were on the brief, for appellee. Philip V. Permut, Counsel, Federal Communications Commission also entered an appearance for appellee.

William M. Barnard, Washington, D. C., with whom Arthur H. Schroeder, Washington, D. C., was on the brief, for intervenor.

Before EDWARDS, United States Circuit Judge for the Sixth Circuit, and TAMM and WILKEY, Circuit Judges.

TAMM, Circuit Judge:

This case is before the court on appeal from an order of the Federal Communications Commission ("Commission") denying review of a decision of the Commission's Review Board ("Board") which denied the application of Lebanon Valley Radio, Inc. ("Lebanon Valley") for a construction permit for a new broadcast station. Finding the Commission's action erroneous, we reverse.

I

The protracted administrative history of this case began...

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