KFAB BROADCASTING CO. v. FEDERAL COMMUNICATIONS COM'N

No. 10047.

177 F.2d 40 (1949)

KFAB BROADCASTING CO. v. FEDERAL COMMUNICATIONS COMMISSION (MAY BROADCASTING CO. Intervenor).

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1949.


Attorney(s) appearing for the Case

Mr. Paul M. Segal, Washington, D. C., with whom Messrs. George S. Smith, Philip J. Hennessey and Harry P. Warner, Washington, D. C., were on the brief, for appellant. Mr. Quayle B. Smith, Washington, D. C., also entered an appearance for appellant.

Mr. Max Goldman, Assistant General Counsel, Federal Communications Commission, Washington, D. C., with whom Mr. Harry M. Plotkin, Assistant General Counsel, and Messrs. Richard A. Solomon and John D. Edgerton, Counsel, Federal Communications Commission, Washington, D. C., were on the brief, for appellee. Mr. Benedict P. Cottone, General Counsel, Federal Communications Commission, Washington, D. C., also entered an appearance for appellee.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Messrs. Andrew G. Haley and James A. McKenna, Jr., Washington, D. C., were on the brief, for intervenor.

Before CLARK, WILBUR K. MILLER, and PRETTYMAN, Circuit Judges.


PRETTYMAN, Circuit Judge.

This is an appeal from two orders of the Federal Communications Commission. By one order the Commission granted an application of the intervenor for authority to construct and operate a television station, and by the other it denied the petition of appellant for reconsideration of the first order.

In November, 1945, the Commission, in a duly conducted rule-making proceeding, announced a tentative plan for the allocation of television...

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