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SUDBRINK BROADCASTING, INC. OF FLORIDA v. F. C. C.

No. 73-1849.

509 F.2d 418 (1974)

SUDBRINK BROADCASTING, INC. OF FLORIDA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WFTL Broadcasting, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1974.

Attorney(s) appearing for the Case

John Wells King, Washington, D. C., with whom Michael H. Bader, Washington, D. C., was on the brief, for appellant.

James R. Hobson, Counsel, F.C.C. with whom John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, Washington, D. C., were on the brief, for appellee.

Rainer K. Kraus and Herbert D. Miller, Jr., Washington, D. C., were on the brief for intervenor.

Before FAHY, Senior Circuit Judge, LEVENTHAL, Circuit Judge, and DAVIS, Judge, United States Court of Claims.

DAVIS, Judge:

In December 1971, appellant Sudbrink Broadcasting, Inc., licensee of radio station WLYF (FM), Miami, Florida, requested the permission of the Federal Communications Commission to identify the station as "WLYF, Miami-Fort Lauderdale." Sudbrink's application, based on the double factors that the station puts a principal city signal over Fort Lauderdale and that the two communities are economically cohesive, was opposed by intervenor WFTL Broadcasting Company...

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