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HOUSTON POST CO. v. UNITED STATES

Civ. No. 4367.

79 F.Supp. 199 (1948)

HOUSTON POST CO. v. UNITED STATES et al.

District Court, S. D. Texas, Houston Division.

August 3, 1948.

Attorney(s) appearing for the Case

Butler, Binion, Rice & Cook and Jack Binion, all of Houston, Tex., and Case & Wozencraft and Frank W. Wozencraft, all of Washington, D. C., for plaintiff.

Brian S. Odem, U. S. Atty., of Houston, Tex., Tom Clark, Atty. Gen., Herbert A. Bergson, Asst. Atty. Gen., and William D. McFarlane, Sp. Asst. to the Atty. Gen., for the United States.

Benedict P. Cottone, Gen. Counsel, Max Goldman, Acting Asst. Gen. Counsel, and Richard A. Solomon, all of Washington, D. C., for Federal Communications Commission.

Price Daniel, Atty. Gen., of Texas, and C. K. Richards, Asst. Atty. Gen., for the State of Texas, amicus curiae.

Don Petty, of Washington, D. C., for the Nat. Assn. of Broadcasters, amicus curiae.

Before HUTCHESON, Circuit Judge, and KENNERLY and HANNAY, District Judges.

HUTCHESON, Circuit Judge.

Plaintiff, under license issued by the Federal Communications Commission, is, and for many years has been, owner of "Radio Station KPRC", a long established, highly regarded, and valuable property in Houston, Texas. As such owner, it brings this suit under Section 402(a)1 of the Communications Act of 1934, to annul the interpretation or opinion of the Commission as to the meaning and effect of Section 315

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