STONE v. F. C. C.

No. 71-1166.

466 F.2d 316 (1972)

Chuck STONE et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. The Evening Star Broadcasting Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1972.

Rehearing Denied September 1, 1972.


Attorney(s) appearing for the Case

Mrs. Jean Camper Cahn, Washington, D. C., with whom Messrs. Joseph M. Beck, Washington, D. C., G. Dan Bowling, Arlington, Va., and John F. Banzhaf, III, Washington, D. C., were on the brief, for appellants.

Mr. Joseph A. Marino, Counsel, F.C.C., with whom Messrs. Richard E. Wiley, Gen. Counsel, F.C.C., John H. Conlin, Associate Gen. Counsel at the time the brief was filed, and Charles M. Firestone, Counsel, F.C.C., were on the brief, for appellee.

Mr. Howard F. Roycroft, Washington, D. C., with whom Messrs. Peter F. Rousselot and Marvin J. Diamond, Washington, D. C., were on the brief, for intervenor. Mr. William S. Reyner, Jr., Washington, D. C., also entered an appearance for intervenor.

Before BAZELON, Chief Judge, WILKEY, Circuit Judge, and MATTHEWS, U. S. Senior District Judge for the District of Columbia.


WILKEY, Circuit Judge:

The essential issue raised by this appeal is whether the Federal Communications Commission could reasonably find that the plaintiffs had not raised substantial and material questions of fact which would show prima facie that Commission renewal of WMAL-TV's license would not serve the public interest. For the reasons stated hereafter, we hold that the Commission could so find, and therefore affirm the Commission's approval of WMAL-TV's...

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