JOHNSTON BROADCASTING CO. v. FEDERAL COMMUN. COM'N

No. 9866.

175 F.2d 351 (1949)

JOHNSTON BROADCASTING CO. v. FEDERAL COMMUNICATIONS COMMISSION (BEACH, Intervenor).

United States Court of Appeals District of Columbia Circuit.

Decided May 4, 1949.


Attorney(s) appearing for the Case

Mr. Franklin K. Lane, Washington, D. C., with whom Mr. Orville H. Walburn, Washington, D. C., was on the brief, for appellant.

Mr. Richard A. Solomon, Washington, D. C., Counsel, Federal Communications Commission, with whom Mr. Benedict P. Cottone, General Counsel, Mr. Max Goldman, Acting Assistant General Counsel, and Mr. Dee W. Pincock, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. John P. Southmayd, Washington, D. C., with whom Messrs. Ben S. Fisher and Charles V. Wayland, Washington, D. C., were on the brief, for intervenor.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.


PRETTYMAN, Circuit Judge.

Two applications, one for a permit to construct a new radio broadcasting station and the other for changes in the frequency and power of an existing station, were presented to the Commission, one by Johnston Broadcasting Company and the other by Thomas N. Beach.1 The applications were mutually exclusive, both being for operation on the same frequency. The Commission set...

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