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FLEMING v. FEDERAL COMMUNICATIONS COMMISSION

No. 12452.

225 F.2d 523 (1955)

James R. FLEMING and Paul V. McNutt, d/b as Anthony Wayne Broadcasting, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Fort Wayne, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1955.

Attorney(s) appearing for the Case

Messrs. Henry B. Weaver, Jr., and Thomas M. Cooley, II, Washington, D. C., for appellants.

Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, with whom Messrs. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, Harrison, Ark., and Daniel R. Ohlbaum, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. George S. Smith, Washington, D. C., with whom Mr. Edwin S. Nail, Washington, D. C., was on the brief, for intervenor.

Before EDGERTON, BAZELON and BASTIAN, Circuit Judges.

BAZELON, Circuit Judge.

James R. Fleming and Paul V. McNutt, a partnership doing business as Anthony Wayne Broadcasting; and Radio Fort Wayne, Inc., applied to the Federal Communications Commission for the same television channel at Fort Wayne, Indiana. After a consolidated hearing of the two applications, the trial examiner recommended the Anthony Wayne partnership for the grant. The Commission, however, reversed this initial decision and made the grant to Radio...

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