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

No. 10532.

187 F.2d 202 (1950)

JOHNSTON BROADCASTING CO. v. FEDERAL COMMUNICATIONS COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided December 7, 1950.


Attorney(s) appearing for the Case

Messrs. Franklin K. Lane and Orville H. Walburn, Washington, D. C., for appellant.

Mr. Richard A. Solomon, Attorney, Federal Communications Commission, Washington, D. C., with whom Mr. Max Goldman, Acting General Counsel, Federal Communications Commission, Washington, D. C., was on the brief, for appellee.

Messrs. Benedict P. Cottone, General Counsel, Federal Communications Commission, and Dee Pincock, Attorney, Federal Communications Commission, Washington, D. C., also entered appearances on behalf of appellee.

Mr. John Erle Stephen, Houston, Tex., with whom Mr. John P. Southmayd, Washington, D. C., was on the brief, for intervenors Thomas N. Beach and Pilot Broadcasting Corp.

Before CLARK, PRETTYMAN, and FAHY, Circuit Judges.


FAHY, Circuit Judge.

The appellant Johnston Broadcasting Company seeks review under § 402(b) of the Communications Act of 1934, as amended (47 U.S.C.A. § 402(b)) of an order of the Federal Communications Commission (1) denying its petition for final grant of a construction permit, and (2) setting for competitive hearing its application for the permit along with the application of Pilot Broadcasting Corporation should the latter file an amendment showing...

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