COLUMBIA EMPIRE TELECASTERS v. FEDERAL COMMUN. COM'N

No. 12529.

228 F.2d 459 (1955)

COLUMBIA EMPIRE TELECASTERS, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Oregon Television, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 15, 1955.


Attorney(s) appearing for the Case

Mr. Peter Shuebruk, New York City, with whom Mr. Jack P. Blume, New York City, was on the brief, for appellant.

Mr. J. Smith Henley, Asst. General Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Warren D. Quenstedt, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Maurice R. Barnes, Washington, D. C., with whom Messrs. L. Alton Denslow and Dwight E. Rorer, Washington, D. C., were on the brief, for intervenor.

Before EDGERTON, Chief Judge, and BAZELON and FAHY, Circuit Judges.


EDGERTON, Chief Judge.

After hearing mutually exclusive applications for a television permit in Portland, Oregon, the Commission granted the application of Oregon Television, Inc. (Oregon) and denied that of the appellant, Columbia Empire Telecasters, Inc. (Columbia). Columbia appeals. 66 Stat. 718, § 402, 47 U.S.C.A. § 402.

Columbia contends Oregon was not shown to be financially qualified. An element of Oregon's financing was to be a bank loan...

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