HARBENITO BROADCASTING CO. v. FEDERAL COMMUN. COM'N

Nos. 11984, 11985.

218 F.2d 28 (1954)

HARBENITO BROADCASTING CO., Inc. et al. v. FEDERAL COMMUNICATIONS COMMISSION. L. B. WILSON, Inc. v. FEDERAL COMMUNICATIONS COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided July 29, 1954.

Petition for Rehearing Denied September 27, 1954.


Attorney(s) appearing for the Case

Mr. W. Ervin James, Montgomery, Ala., with whom Mr. John Erle Stephen, Houston, Texas, was on the brief, for appellants in No. 11984.

Mr. Frank Roberson, Washington, D. C., for appellant in No. 11985.

Mr. John C. Spearman, Washington, D. C., entered an appearance for appellant in No. 11985.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, Washington, D. C., with whom Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Washington, D. C., and Mr. Stanley S. Neustadt, Counsel, Federal Communications Commission, New York City, were on the brief, for appellee.

Mr. Frank Roberson, Washington, D. C., submitted on the brief for intervenor in No. 11984.

Mr. John C. Spearman, Washington, D. C., entered an appearance for intervenor in No. 11984.

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


PRETTYMAN, Circuit Judge.

These are two appeals1 from an order of the Federal Communications Commission.

Harbenito Broadcasting Company, Inc., is assignee of a construction permit granted one Hofheinz. Its station (KS OX) is at Harlingen, Texas. Hofheinz was granted a construction permit for a standard broadcast station. The dispute centers about daytime operation. Hofheinz's original permit authorized him to construct for daytime...

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