ALBERTSON v. FEDERAL COMMUNICATIONS COMMISSION

No. 10305.

182 F.2d 397 (1951)

ALBERTSON v. FEDERAL COMMUNICATIONS COMMISSION (DUNKIRK BROADCASTING CORPORATION, Intervenor).

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1951.


Attorney(s) appearing for the Case

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Messrs. Andrew G. Haley and James A. McKenna, Jr., Washington, D. C., were on the brief, for appellant.

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

Mr. Charles F. Duvall, Washington, D. C., with whom Messrs. Ben S. Fisher, Charles V. Wayland and John P. Southmayd, all of Washington, D. C., were on the brief, for intervenor Dunkirk Broadcasting Corporation.

Before PROCTOR, WASHINGTON and BAZELON, Circuit Judges.


PROCTOR, Circuit Judge.

We must first determine whether this appeal was taken in time. 47 U.S.C.A. § 402(c). If not, it must be dismissed. If so, we are met with a further question as to the legality of the action of the Federal Communications Commission in dismissing appellant's application for rehearing under Section 405 of the Federal Communications Act, 47 U.S.C.A. § 405. These questions arise out of the following state of facts.

Albertson, appellant...

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