SIMMONS v. FEDERAL COMMUNICATIONS COMMISSION

No. 8663.

145 F.2d 578 (1944)

SIMMONS v. FEDERAL COMMUNICATIONS COMMISSION (WGAR BROADCASTING CO., Intervenor).

United States Court of Appeals District of Columbia.

Decided November 13, 1944.


Attorney(s) appearing for the Case

Mr. Philip J. Hennessey, Jr., of Washington, D. C., with whom Mr. George S. Smith, of Washington, D. C., was on the brief, for appellant.

Mr. Harry M. Plotkin, Assistant General Counsel, Federal Communications Commission, of Washington, D. C., with whom Mr. Charles R. Denny, General Counsel, of Washington, D. C., was on the brief, for appellee.

Mr. Louis G. Caldwell, of Washington, D. C., with whom Mr. Reed T. Rollo, of Washington, D. C., was on the brief, for intervenor, WGAR Broadcasting Company. Mr. E. D. Johnston, of Washington, D. C., also entered an appearance for Intervenor.

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


EDGERTON, Associate Justice.

This appeal is from an order of the Federal Communications Commission which denied appellant's application to reconstruct his station WADC at Akron, and granted intervenor's application to reconstruct its station WGAR at Cleveland, for operation on 1220 kilocycles. The applications were mutually exclusive and the Commission heard them together. It found that appellant's proposed operation would cause serious interference with stations...

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