RADIO CINCINNATI v. FEDERAL COMMUNICATIONS COM'N

No. 9980.

177 F.2d 92 (1949)

RADIO CINCINNATI, Inc. v. FEDERAL COMMUNICATIONS COMMISSION (WJIM, Inc., Intervenor).

United States Court of Appeals District of Columbia Circuit.

Decided September 8, 1949.


Attorney(s) appearing for the Case

Mr. Geo. O. Sutton, Washington, D. C., with whom Messrs. William Thomson, and John H. Midlen, Washington, D. C., were on the brief, for appellant.

Mr. Richard A. Solomon, Washington, D. C., with whom Messrs. Benedict P. Cottone, General Counsel, Max Goldman, Assistant General Counsel, Washington, D. C. and Robert D. Greenburg, Washington, D. C., Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Dee W. Pincock, Washington, D. C., Attorney, also entered an appearance for appellee.

Mr. Peter Shuebruk, New York City, with whom Mr. James Lawrence Fly, New York City, was on the brief, for intervenor, urging affirmance.

Before CLARK and PROCTOR, Circuit Judges and Arthur F. Lederle, District Judge, sitting by designation.


CLARK, Circuit Judge.

Appellant, Radio Cincinnati, Inc., is licensee of Station WKRC,1 one of five full-time standard broadcast stations in Cincinnati, Ohio. WJIM, Inc., intervenor herein, is licensee of Station WJIM,1 the only fulltime standard broadcast station in Lansing, Michigan.2

On October 11, 1945, WJIM filed with the appellee...

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