AMERICAN BROADCASTING CO., Inc.
v.
FEDERAL COMMUNICATIONS COMMISSION et al.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 23, 1948.
Decided October 17, 1949.
Attorney(s) appearing for the Case
Mr. James A. McKenna, Jr., Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., who entered an appearance, and Mr. Joseph A. McDonald, New York City, were on the brief, for appellant. Mr. Vernon L. Wilkinson also entered an appearance for appellant.
Mr. Max Goldman, Acting Assistant General Counsel, Federal Communications Commission, with whom Mr. Benedict P. Cottone, General Counsel, who entered an appearance, and Mr. Richard A. Solomon and Miss Mary Jane Morris, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Harry M. Plotkin, Assistant General Counsel, Federal Communications Commission, also entered an appearance for appellee.
Mr. Roy Hofheinz, Houston, Tex., of the Bar of the Supreme Court of Texas, pro hac vice, by special leave of Court, with whom Mr. Leonard H. Marks, Washington, D. C., who entered an appearance, and Mr. John Erle Stephen, Houston, Tex., were on the brief, for intervenor Texas Star Broadcasting Company. Mr. Marcus Cohn, Washington, D. C., also entered an appearance for intervenor Texas Star Broadcasting Company.
Mr. Marcus Cohn, Washington, D. C., entered an appearance for intervenors Max H. Jacobs, Douglas Hicks and Tom J. Harling, d/b as Veterans' Broadcasting Company.
Before STEPHENS, Chief Judge, and WILBUR K. MILLER and PROCTOR, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
STEPHENS, Chief Judge.
Prior to May 9, 1947, the intervenor, Texas Star Broadcasting Company, hereafter referred to as Texas Star, was licensed by the Federal Communications Commission, hereafter referred to as the Commission, to operate radio station KTHT at Houston, Texas, on a frequency of 1230 kilocycles, 250 watts power, unlimited time. On May 9, 1947, the Commission granted to Texas Star a construction permit to change the KTHT frequency to 790 kilocycles and...
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