CLARKSBURG PUB. CO. v. FEDERAL COMMUNICATIONS COM'N

No. 12441.

225 F.2d 511 (1955)

CLARKSBURG PUBLISHING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Ohio Valley Broadcasting Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 9, 1955.


Attorney(s) appearing for the Case

Messrs. Cecil B. Highland, Jr., and John S. Stump, Jr., Clarksburg, W. Va., both of the bar of the Supreme Court of Appeals of West Virginia, pro hac vice, by special leave of Court, with whom Mr. Edmund D. Campbell, Washington, D. C., was on the brief, for appellant.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, for appellee. Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, Harrison, Ark., and Warren D. Quenstedt, Atty., Federal Communications Commission, were on the brief for appellee.

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 BASTIAN, Circuit Judges.


BAZELON, Circuit Judge.

Clarksburg Publishing Company owns a daily newspaper in Clarksburg, West Virginia. It protested the Federal Communications Commission's grant of a permit to the Ohio Valley Broadcasting Corporation1 for the construction of a new commercial television station to operate on Channel 12 in Clarksburg. The protest asserted that the Commission's action was contrary to the public interest because the grant was made within...

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