JEFFERSON AMUSEMENT CO. v. FEDERAL COMMUN. COM'N

No. 12471.

226 F.2d 277 (1955)

JEFFERSON AMUSEMENT COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Port Arthur College, Port Arthur, Texas, Intervenor, Smith Radio Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 8, 1955.


Attorney(s) appearing for the Case

Mr. John Erle Stephen, Houston, Tex., with whom Mr. W. Ervin James, Montgomery, Ala., was on the brief, for appellant.

Mr. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, and Edward F. Kenehan, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. John P. Southmayd, Washington, D. C., with whom Messrs. Charles V. Wayland, Charles F. Duvall and Ben C. Fisher, Washington, D. C., were on the brief, for intervenor Port Arthur College.

Messrs. Maurice M. Jansky, Washington, D. C., and Joe B. Carrigan, Wichita Falls, Tex., filed a brief on behalf of intervenor Smith Radio Co.

Before EDGERTON, FAHY and BASTIAN, Circuit Judges.


FAHY, Circuit Judge.

The appeal is from an order of the Federal Communications Commission of September 29, 1954, released October 4, 1954, dismissing, on the basis of Section 1.363(a) of the Commission's Rules and Regulations, appellant's application for a television station on Channel 4 in Port Arthur, Texas. Section 1.363(a) provides:

"Repetitious applications. — (a) Where an applicant has been afforded an opportunity to be heard with respect to...

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