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FLY v. HEITMEYER

No. 316.

309 U.S. 146 (1940)

FLY ET AL. v. HEITMEYER.

Supreme Court of United States.

Decided January 29, 1940.

Attorney(s) appearing for the Case

Solicitor General Jackson, with whom Messrs. Warner W. Gardner, Robert M. Cooper, William J. Dempsey, and William C. Koplovitz were on the brief, for petitioners.

Mr. Clarence C. Dill, with whom Mr. James W. Gum was on the brief, for respondent.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

On March 25, 1935, Heitmeyer, respondent here, applied for a permit from the Federal Communications Commission under § 319 of the Communications Act of 1934, c. 652, 48 Stat. 1089, 47 U.S.C. 319, to construct a broadcasting station at Cheyenne, Wyoming. His application and a competing one were heard by an examiner. The Commission, on May 1, 1936, denied respondent's application on the sole ground that...

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