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BERLIN COMMUNICATIONS, INC. v. F. C. C.

No. 78-2048.

626 F.2d 869 (1979)

BERLIN COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1979.

Attorney(s) appearing for the Case

John C. Quale, Washington, D.C., for appellant.

Roberta L. Cook, counsel, F.C.C., Washington, D.C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and C. Grey Pash, Jr., counsel, F.C.C., Washington, D.C., were on brief, for appellee.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, United States District Judge for the Western District of Kentucky.

Opinion PER CURIAM.

PER CURIAM:

Appellant Berlin Communications, Inc. (Berlin) is the licensee of AM station WBRL in Berlin, New Hampshire. Berlin acquired the license in April 1971 and continued the practice of the prior operator of fraudulent billing of advertising accounts. This practice was continued until the investigation by the Federal Communications Commission in August 1974. Under the fraudulent billing plan merchants who had purchased advertising...

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