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YANKEE NETWORK v. FEDERAL COMMUNICATIONS COM'N

No. 7250.

107 F.2d 212 (1939)

YANKEE NETWORK, Inc. v. FEDERAL COMMUNICATIONS COMMISSION (NORTHERN CORPORATION, Intervener). In re Station WMEX.

United States Court of Appeals for the District of Columbia.

Decided August 14, 1939.

Attorney(s) appearing for the Case

Paul D. P. Spearman, Alan B. David, and Frank Roberson, all of Washington, D. C., for appellant.

Hampson Gary, William H. Bauer, Fanney Neyman, William J. Dempsey, and Andrew G. Haley, all of the Federal Communications Commission, for appellee.

Arthur W. Scharfeld, Philip G. Loucks, Joseph F. Zias, and J. P. Tumulty, all of Washington, D. C., for intervener.

Before GRONER, Chief Justice, and STEPHENS and MILLER, Associate Justices.

MILLER, Associate Justice.

Prior to May 29, 1936, eight radio broadcasting stations — including the stations now owned by appellant and intervener herein — were operating in and near Boston, Massachusetts. On that date Intervener, The Northern Corporation (WMEX) was operating on the frequency of 1500 kilocycles, with power of 100 watts night, 250 watts day, local sunset, unlimited time. It applied for a construction permit to operate on the 1470 kilocycle...

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