RCA COMMUNICATIONS v. FEDERAL COMMUNICATIONS COM'N

No. 10951.

201 F.2d 694 (1952)

RCA COMMUNICATIONS, Inc. v. FEDERAL COMMUNICATIONS COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided November 6, 1952.

Writ of Certiorari Granted March 9, 1953.


Attorney(s) appearing for the Case

John T. Cahill, New York City, of the Bar of the Supreme Court of New York, pro hac vice, by special leave of Court, with whom Howard R. Hawkins, New York City, and James E. Greeley, Washington, D. C., were on the brief, for appellant.

Stanley S. Neustadt, Counsel, Federal Communications Commission, New York City, of the Bar of the Supreme Court of New York, pro hac vice, by special leave of Court, with whom Benedict P. Cottone, General Counsel, Federal Communications Commission, and Richard A. Solomon, Acting Assistant General Counsel, Federal Communications Commission, Washington, D. C., were on the brief, for appellee. Max Goldman, Assistant General Counsel, Federal Communications Commission, Washington, D. C., also entered an appearance for appellee.

James A. Kennedy, New York City, with whom John A. Hartman, Jr., New York City, and Burton K. Wheeler, Washington, D. C., were on the brief, for the intervenor.

Before EDGERTON, PRETTYMAN, and BAZELON, Circuit Judges.


Writ of Certiorari Granted March 9, 1953. See 73 S.Ct. 650.

EDGERTON, Circuit Judge.

This appeal is from a decision and order of the Federal Communications Commission, two Commissioners dissenting, which granted applications of the present intervenor, Mackay Radio and Telegraph Company, Inc., (Mackay), a public-service radiotelegraph carrier, for modification of its license so as to authorize it to operate, in competition...

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