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LAS VEGAS VALLEY BROADCASTING CO. v. F. C. C.

Nos. 76-2104, 76-2124.

589 F.2d 594 (1978)

LAS VEGAS VALLEY BROADCASTING CO., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Communications, Inc., Intervenor. WESTERN COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Las Vegas Valley Broadcasting Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1978.

Rehearing Denied December 29, 1978.

Attorney(s) appearing for the Case

Edgar F. Czarra, Jr., Washington, D. C., with whom Michael S. Horne, Joseph Volpe, III and Douglas E. Winter, Washington, D. C., were on the brief for appellant in No. 76-2124 and intervenor in No. 76-2104.

Robert T. Murphy, Washington, D. C., for appellant in No. 76-2104. Edward P. Morgan and Joseph M. Morrissey, Washington, D. C., were on the brief, for appellant in No. 76-2104 and intervenor in No. 76-2124.

C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Lawrence W. Secrest, III, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Thomas R. King, Jr., Counsel, F. C. C., Washington, D. C., were on the brief, for appellee. Also Werner K. Hartenberger and Raymond L. Strassburger, Attys., F. C. C., Washington, D. C., entered appearances for appellee.

Before WRIGHT, Chief Judge, and BAZELON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge BAZELON.

Opinion filed by Chief Judge J. SKELLY WRIGHT, concurring in part and dissenting in part.

BAZELON, Circuit Judge:

The Federal Communications Commission (FCC) denied applications of appellants in these cases for a television broadcast license for Channel 3 in Las Vegas, Nevada.1 In No. 76-2124, Western Communications, Inc. (Western), the incumbent licensee at KORK-TV...

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