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KAKE-TV & RADIO, INC. v. UNITED STATES

No. 75-1666.

537 F.2d 1121 (1976)

KAKE-TV AND RADIO, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, City of Wichita, Kansas, and AirCapital Cablevision, Inc., Intervenors.

United States Court of Appeals, Tenth Circuit.

Decided July 9, 1976.

Attorney(s) appearing for the Case

Mark H. Adams and Floyd E. Jensen, Wichita, Kan. (Paul Dobin and Ian D. Volner of Cohn & Marks, Washington, D.C., on the brief), for petitioner.

Julian J. Rush, Jr., Counsel, F.C.C., Washington, D.C. (Thomas E. Kauper, Asst. Atty. Gen., and Robert B. Nicholson, Atty., Dept. of Justice, Ashton R. Hardy, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., on the brief), for respondents.

Gerald Sawatzky, Wichita, Kan. (Robert C. Foulston, Wichita, Kan., Alan Y. Naftalin and Margot S. Humphrey, Washington, D.C., on the brief), for intervenor, AirCapital Cablevision, Inc.

John Dekker, Wichita, Kan., on the brief for intervenor, City of Wichita, Kansas.

Before SETH and HOLLOWAY, Circuit Judges, and TEMPLAR, Senior District Judge.

SETH, Circuit Judge.

The petitioner, KAKE-TV and Radio, Inc. brought this proceeding to review orders of the Federal Communications Commission. The orders were entered on the application of AirCapital Cablevision, Inc. for certification to enable it to commence cable television service in Wichita. The orders granted such authority.

The Commission did not hold hearings on the application, but received documents, statements...

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