PLAINS RADIO BROADCASTING CO. v. FEDERAL COMMUN. COM'N

No. 9973.

175 F.2d 359 (1949)

PLAINS RADIO BROADCASTING CO. v. FEDERAL COMMUNICATIONS COMMISSION (LUBBOCK COUNTY BROADCASTING CO., Intervenor).

United States Court of Appeals District of Columbia Circuit.

Decided May 4, 1949.


Attorney(s) appearing for the Case

Mr. Dwight E. Rorer, Washington, D. C., with whom Messrs. Clair L. Stout and Fred W. Albertson, Washington, D. C., were on the brief for appellant.

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

Mr. Harold E. Mott, Washington, D. C., with whom Mr. Robert L. Heald, Washington, D. C., was on the brief, for intervenor. Mr. Norman B. Frost, Washington, D. C., also entered an appearance for intervenor.

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


PRETTYMAN, Circuit Judge.

Appellant and intervenor filed mutually exclusive applications for construction permits for a radio station at Lubbock, Texas. The applications were consolidated for a comparative hearing and decision. The Commission granted intervenor a permit, upon a condition.

In Johnston Broadcasting Co. v. Federal Communications Comm'n, 175 F.2d 351 and Easton Publishing Co. v. Federal Communications Comm'n,...

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