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ASHBACKER RADIO CO. v. F.C.C.

No. 65.

326 U.S. 327 (1945)

ASHBACKER RADIO CORP. v. FEDERAL COMMUNICATIONS COMMISSION.

Supreme Court of United States.

Decided December 3, 1945.

Attorney(s) appearing for the Case

Mr. Paul M. Segal, with whom Messrs. Philip J. Hennessey, Jr. and Harold G. Cowgill were on the brief, for petitioner.

Mr. Ralph F. Fuchs, with whom Solicitor General McGrath, Messrs. Rosel H. Hyde, Harry M. Plotkin, Max Goldman and Joseph M. Kittner were on the brief, for respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The primary question in this case is whether an applicant for a construction permit under the Federal Communications Act (48 Stat. 1064, 47 U.S.C. § 151) is granted the hearing to which he is entitled by § 309 (a) of the Act,1 where the Commission, having before it two applications which are mutually exclusive, grants one without...

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