BEAUMONT BROADCASTING CORP. v. FEDERAL COMMUN. COM'N

No. 10888.

202 F.2d 306 (1952)

BEAUMONT BROADCASTING CORP. v. FEDERAL COMMUNICATIONS COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided June 26, 1952.

Petition for Rehearing Denied October 10, 1952.


Attorney(s) appearing for the Case

Paul M. Segal, Washington, D. C., with whom George S. Smith, Philip J. Hennessey, Jr., and Harry P. Warner, Washington, D. C., were on the brief, for appellant. Quayle B. Smith, Washington, D. C., also entered an appearance for appellant.

Richard Solomon, Counsel, Federal Communications Commission, Washington, D. C., with whom Benedict P. Cottone, General Counsel, Federal Communications Commission, Max Goldman, Asst. General Counsel, Federal Communications Commission, and Mary Jane Morris, all of Washington, D. C., were on the brief, for appellee.

William Thomson, Washington, D. C., with whom George O. Sutton, Washington, D. C., was on the brief, for intervenor.

Before PRETTYMAN, PROCTOR and BAZELON, Circuit Judges.


Intervenor's Petition for Rehearing Denied October 10, 1952.

BAZELON, Circuit Judge.

Beaumont Broadcasting Company, appellant, and Ozarks Broadcasting Company, intervenor, enjoy simultaneous use of the 560 kilocycle band for standard broadcasting. Because of their geographical separation and limited broadcasting power, each station has long operated without causing electrical interference to the other. In 1945, however, a chain of events was set in motion...

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