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SYMONS BROADCASTING CO. v. FEDERAL RADIO COMMISSION

No. 5757.

64 F.2d 381 (1933)

SYMONS BROADCASTING CO. v. FEDERAL RADIO COMMISSION (RADIO SERVICE CORPORATION, Intervener).

Court of Appeals of the District of Columbia.

Decided March 6, 1933.

Rehearing Denied March 18, 1933.

Attorney(s) appearing for the Case

Noel S. Symons, of Buffalo, N. Y., and Paul M. Segal, of Washington, D. C., for appellant.

D. M. Patrick, Ralph L. Walker, and Fanny Neyman, all of Washington, D. C., for Radio Commission.

Horace L. Lohnes and H. L. McCormick, both of Washington, D. C., for intervener.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

This appeal involves a controversy between two radio broadcasting stations. It should have been decided, as we think, not on the mere question of priority of application as between the two stations but rather on the basic standard which Congress had directed shall apply, namely, the public interest and convenience.

Appellant, Symons Broadcasting Company, is located at Spokane, Wash., and operates as station KFPY. Intervener is located...

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