SIMMONS v. FEDERAL COMMUNICATIONS COMMISSION

No. 9607.

169 F.2d 670 (1948)

SIMMONS v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals District of Columbia.

Decided May 24, 1948.

Writ of Certiorari Denied October 18, 1948.


Attorney(s) appearing for the Case

Mr. Paul M. Segal, of Washington, D. C., for appellant.

Mr. Harry P. Warner, of Washington, D. C., also entered an appearance for appellant.

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

Mr. Donald C. Beelar, of Washington, D. C., with whom Messrs. Louis G. Caldwell and Reed T. Rollo, both of Washington, D. C., were on the brief, for intervenor.

Mr. Percy H. Russell, of Washington, D. C., also entered an appearance for intervenor.

Before EDGERTON, CLARK and WILBUR K. MILLER, Associate Justices.


Writ of Certiorari Denied October 18, 1948. See 69 S.Ct. 67.

EDGERTON, Associate Justice.

This appeal is from a decision and order of the Federal Communications Commission made in April, 1947. The Commission (1) denied an application of appellant Allen T. Simmons to increase the power of station WADC at Akron, Ohio, from 5 kw to 50 kw and to change the station's frequency from 1350 kc to 1220 kc; and (2) granted the mutually exclusive application of intervenor...

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