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COMMUNITY BROADCASTING OF BOSTON, v. F.C.C.

No. 76-1526.

546 F.2d 1022 (1976)

Community Broadcasting of Boston, Inc., Petitioner, v. Federal Communications Commission and UNITED STATES of America, Respondents, Rko General, Inc. and Dudley Station Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

November 19, 1976.

Attorney(s) appearing for the Case

Thomas H. Truitt, Charles Fabrikant, and Robert B. Cornell, Washington, D. C., were on the motion for petitioner.

Ashton R. Hardy, Gen. Counsel, F. C. C., Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., and Sheldon M. Guttmann and Thomas R. King, Jr., Attys., F. C. C., Washington, D.C., were on the motion for respondent Federal Communications Commission.

Barry Grossman and John J. Powers, III, Attys., Dept. of Justice, Washington, D. C., were on the motion for respondent United States of America.

Harold David Cohen and J. Laurent Scharff, Washington, D.C., were on the motion for intervenor RKO General, Inc.

Joseph F. Hennessey, Washington, D. C., was on the motion for intervenor Dudley Station Corp.

Before WRIGHT, TAMM and MacKINNON, Circuit Judges.

PER CURIAM:

Petitioner Community Broadcasting of Boston, Inc. (Community) seeks judicial review of an order of the Federal Communications Commission (FCC) denying Community's petition to disqualify the law firm of Pierson, Ball & Dowd (PB&D) from representing intervenor RKO General, Inc. (RKO) in proceedings before the agency. The FCC and RKO move to dismiss Community's petition for review on the ground that the agency's refusal to disqualify is an interlocutory...

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