NATIONAL BROADCASTING CO. v. FEDERAL COMMUNICATIONS COM.

No. 7933.

132 F.2d 545 (1942)

NATIONAL BROADCASTING CO., Inc., v. FEDERAL COMMUNICATIONS COMMISSION (MATHESON RADIO CO., Inc., et al., Intervenors).

United States Court of Appeals for the District of Columbia.

Writ of Certiorari Granted January 18, 1943.


Attorney(s) appearing for the Case

Mr. D. M. Patrick, with whom Mr. Philip J. Hennessey, Jr., both of Washington, D. C., was on the brief, for appellant.

Mr. Telford Taylor, General Counsel, Federal Communications Commission, with whom Thomas E. Harris, Assistant General Counsel, and Messrs. Harry M. Plotkin and Daniel W. Meyer, all of Washington, D. C., Counsel, were on the brief, for the Federal Communications Commission. Messrs. Charles R. Denny, Jr., and Benedict P. Cottone, both of Washington, D. C., also entered appearances for the Federal Communications Commission.

Mr. W. Theodore Pierson, with whom Mr. Andrew G. Haley, both of Washington, D. C., was on the brief, for Matheson Radio Company, Inc., Intervenor.

Messrs. Arthur H. Schroeder and Geo. O. Sutton, both of Washington, D. C., filed a brief on behalf of Berks Broadcasting Company, Intervenor.

Before GRONER, Chief Justice, and STEPHENS, MILLER, VINSON, EDGERTON, and RUTLEDGE, Associate Justices.


Writ of Certiorari Granted January 18, 1943. See 63 S.Ct. 526, 87 L.Ed. ___.

RUTLEDGE, Associate Justice.

The appeal is from an order of the Commission entered April 7, 1941. The applicant (Matheson Radio Company, Inc.) operates Station WHDH at Boston, Massachusetts, and is intervenor here. Appellant operates Station KOA at Denver, Colorado, upon the same frequency, 830 kc, now 850 kc under the North American Regional Broadcasting Agreement. The order authorized...

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