MANSFIELD JOURNAL CO. v. FEDERAL COMMUNICATIONS COM'N

No. 9817.

173 F.2d 646 (1949)

MANSFIELD JOURNAL CO. v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided March 7, 1949.


Attorney(s) appearing for the Case

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

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

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


WILBUR K. MILLER, Circuit Judge.

The appellant, Mansfield Journal Company, on October 5, 1945, filed with the Federal Communications Commission an application for a permit to construct a Class B FM broadcasting station in Mansfield, Ohio. Similar applications had been filed shortly before by Unity Corporation, Inc., and Richland, Incorporated, and both were then pending.

Before hearings had been had with respect to any of the three applications, the Commission...

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