RADIO STATION WOW v. FEDERAL C. COMMISSION

Nos. 10350, 10359.

184 F.2d 257 (1950)

RADIO STATION WOW, Inc. v. FEDERAL COMMUNICATIONS COMMISSION et al. (two cases.)

United States Court of Appeals District of Columbia Circuit.

Decided July 17, 1950.


Attorney(s) appearing for the Case

Mr. Paul M. Segal, Washington, D. C., with whom Messrs. George Severn Smith and Philip J. Hennessey, Washington, D. C., were on the brief, for appellant. Messrs. Quayle B. Smith and Harry P. Warner, Washington, D. C., also entered appearances for appellant.

Mr. Max Goldman, Assistant General Counsel, Federal Communications Commission, with whom Mr. Benedict P. Cottone, General Counsel, Federal Communications Commission, and Messrs. Richard A. Solomon and Thomas H. Wall, Attorneys, Federal Communications Commission, were on the brief, for appellee.

Mr. Donald C. Beelar, Washington, D. C., with whom Messrs. Louis G. Caldwell, Roderick Russell Eagan, Washington, D. C., and Elliott Ladd Thurston, Jr., were on the brief, for intervenor. Mr. Percy H. Russell, Jr., Washington, D. C., also entered an appearance for intervenor.

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


PRETTYMAN, Circuit Judge.

Radio Station WOW, Inc., has for many years operated a radio broadcasting station day and night at Omaha, Nebraska. In October, 1945, the Star Broadcasting Company filed an application for a license to use the same frequency at its broadcasting station at Pueblo, Colorado, which is 503 miles from Omaha. Star represented that its operation would cause no interference to WOW within the latter's protected contour area. The application was set...

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