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FAULKNER RADIO, INC. v. F. C. C.

No. 75-1568.

557 F.2d 866 (1977)

FAULKNER RADIO, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, William P. Johnson and Hollis B. Johnson, doing business as Radio Carrollton, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 1977.

Attorney(s) appearing for the Case

Robert L. Heald, Washington, D. C., with whom Marvin Rosenberg, Edward W. Hummers, Jr., and Eric T. Esbensen, Washington, D. C., were on the brief, for appellant. Frank U. Fletcher, Washington, D. C., also entered an appearance for appellant.

Sheldon M. Guttmann, Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., were on the brief, for appellee.

Samuel Miller, Washington, D. C., entered an appearance for intervenor.

Before McGOWAN, ROBINSON and WILKEY, Circuit Judges.

Opinion for the Court filed by ROBINSON, Circuit Judge.

WILKEY, Circuit Judge, concurs in the result.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Faulkner Radio, Inc., appeals from an order of the Federal Communications Commission denying renewal of its license to operate a radio station.1 The challenge to the Commission's decision is rested on several grounds, including the claim that the

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