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McINTIRE v. WM. PENN BROADCASTING CO. OF PHILADELPHIA

No. 8928.

151 F.2d 597 (1945)

McINTIRE et al. v. WM. PENN BROADCASTING CO. OF PHILADELPHIA.

Circuit Court of Appeals, Third Circuit.

Decided October 12, 1945.

Attorney(s) appearing for the Case

William S. Bennet, of New York City (Roy Martin Boyd, of Philadelphia, Pa., Weidner Titzck, of Camden, N. J., and Bennet, House & Couts, of New York City, on the brief), for appellants.

Thomas B. K. Ringe, of Philadelphia, Pa. (James B. C. Howe and W. Theodore Pierson, both of Washington, D. C., A. Allen Woodruff, of Philadelphia, Pa., Pierson & Ball, of Washington, D. C., and Morgan, Lewis & Bockius, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, WALLER, and McLAUGHLIN, Circuit Judges.

BIGGS, Circuit Judge.

The plaintiffs are clergymen or religious corporations who have been broadcasting religious programs over Radio Station "WPEN" owned and operated by the defendant. The station operates under a short term license in the usual form1 issued by the Federal Communications Commission under the Communications Act of 1934. See 47 U.S.C.A. § 307. WPEN devoted at least a fifth of its available broadcasting time to religious...

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