HEARST RADIO v. FEDERAL COMMUNICATIONS COMMISSION

No. 9599.

167 F.2d 225 (1948)

HEARST RADIO, Inc., v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals District of Columbia.

Decided January 12, 1948.


Attorney(s) appearing for the Case

Mr. William J. Dempsey, of Washington, D. C., with whom Mr. Thomas P. Littlepage, Jr., of Washington, D. C., was on the brief, for appellant.

Mr. Benedict P. Cottone, General Counsel, Federal Communications Commission, of Washington D. C., with whom Mr. Harry M. Plotkin, Assistant General Counsel, Federal Communications Commission, Mr. Max Goldman, Assistant Chief, Litigation and Administration Division, Federal Communications Commission, and Mr. Richard A. Solomon, Counsel, Federal Communications Commission, all of Washington, D. C., were on the brief, for appellee.

Before EDGERTON, CLARK, and PRETTYMAN, Associate Justices.


PRETTYMAN, Associate Justice.

Appellant is the owner and duly licensed operator of radio station WBAL. It brought a civil action under the Administrative Procedure Act1 for a declaratory judgment2 and incidental relief. The District Court granted the defendant Commission's motion to dismiss. This appeal is from that judgment.

Under date of March 7, 1946, the...

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