METROPOLITAN TELEVISION COMPANY, Petitioner,
v.
UNITED STATES of America, Federal Communications Commission, Respondents,
Alvarado Broadcasting Company, Inc., Intervenor.
METROPOLITAN TELEVISION COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Alvarado Broadcasting Company, Inc., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 1, 1955.
Decided April 14, 1955.
Attorney(s) appearing for the Case
Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for petitioner in No. 12191 and appellant in No. 12192.
Mr. William J. Lamont, Atty., Dept. of Justice, Washington, D. C., of the bar of the Supreme Court of Iowa, pro hac vice, by special leave of Court, for respondent United States of America in No. 12191.
Mr. Charles H. Weston, Washington, D. C., Chief, Appellate Section of the Antitrust Division, Dept. of Justice, entered an appearance for respondent United States of America in No. 12191.
Mr. Daniel R. Ohlbaum, Counsel, Federal Communications Commission, Washington, D. C., with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, Harrison, Ark., were on the brief, for the Federal Communications Commission.
Messrs. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, Washington, D. C., and Stanley S. Neustadt, Counsel, Federal Communications Commission, New York City, entered appearances for the Federal Communications Commission.
Mr. Leonard H. Marks, Washington, D. C., with whom Mr. Paul Dobin, New York City, was on the brief, for intervenor.
Before EDGERTON, BAZELON, and DANAHER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
EDGERTON, Circuit Judge.
Under § 309(c) of the Communications Act of 1934 as amended, 66 Stat. 714, 47 U.S.C.A. § 309(c), Metropolitan Television Company protested an order of the Federal Communications Commission which granted an application by Alvarado Broadcasting Company to change the frequency and power of its broadcasting station. The Commission thought the protest insufficient and dismissed it without a hearing. Metropolitan filed a petition under...
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