LOGANSPORT BROADCASTING CORP. v. UNITED STATES

No. 11601.

210 F.2d 24 (1954)

LOGANSPORT BROADCASTING CORP. v. UNITED STATES et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 28, 1954.


Attorney(s) appearing for the Case

Mr. Robert M. Booth, Jr., Washington, D. C., with whom Mr. Herbert M. Bingham, Washington, D. C., was on the brief, for petitioner.

Mr. J. Roger Wollenberg, Asst. Gen. Counsel, Federal Communications Commission, Washington, D. C., with whom Mr. Richard A. Solomon, Acting General Counsel, Federal Communications Commission, Washington, D. C., was on the brief, for respondent and intervenor Federal Communications Commission. Mr. Charles H. Weston, Chief, Appellate Section of the Antitrust Division, Department of Justice, Washington, D. C., also entered an appearance for respondent. Miss Mary Jane Morris, Attorney, Federal Communications Commission, Washington, D. C., also entered an appearance for intervenor Federal Communications Commission. Mr. Benedict P. Cottone, General Counsel, Federal Communications Commission, Washington, D. C., at time record was filed, also entered an appearance for intervenor Federal Communications Commission.

Mr. Andrew G. Haley, Washington, D. C., with whom Messrs. Dwight D. Doty, Howard J. Schellenberg, Jr., and Mrs. Lenore G. Ehrig, Washington, D. C., were on the brief, for intervenor Wabash Valley Broadcasting Corp.

Mr. A. L. Stein, Washington, D. C., entered an appearance for intervenor Sarkes Tarzian, Inc.

Before PRETTYMAN, FAHY and WASHINGTON, Circuit Judges.


WASHINGTON, Circuit Judge.

Logansport Broadcasting Corporation, petitioner, complains of the action of the Federal Communications Commission in assigning VHF (very high frequency) television Channel 10 to Terre Haute, Indiana, rather than to Logansport, Indiana, and Owensboro, Kentucky. The latter cities were granted UHF (ultra high frequency) channels.1

Petitioner's principal attack is against the Commission's nation-wide system...

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