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COLONIAL BROADCASTERS v. FEDERAL C. COMMISSION

No. 7264.

105 F.2d 781 (1939)

COLONIAL BROADCASTERS, Inc., v. FEDERAL COMMUNICATIONS COMMISSION (LUCAS, Intervener).

United States Court of Appeals for the District of Columbia.

Decided June 12, 1939.

Attorney(s) appearing for the Case

Philip G. Loucks, Arthur W. Scharfeld, and Joseph F. Zias, all of Washington, D. C., for appellant.

William J. Dempsey, William H. Bauer, Fanney Neyman, Andrew G. Haley, Ben S. Fisher, and Charles V. Wayland, all of Washington, D. C., for appellees.

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

GRONER, C. J.

The main question on this appeal is whether the Commission acted unlawfully in failing to consider and decide appellant's application, contemporaneously and on a comparative basis, with the application of Arthur Lucas, which had been filed and set for hearing prior to the filing of appellant's application.

The chronology of proceedings before the Commission follows: Arthur Lucas applied March 29, 1937, for a permit to erect a new local broadcast...

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