The ELM CITY BROADCASTING CORPORATION, Petitioner,
v.
UNITED STATES of America, and Federal Communications Commission, Respondents,
The WAVZ Broadcasting Corporation, Intervenor.
The ELM CITY BROADCASTING CORPORATION, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
The WAVZ Broadcasting Corporation, Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 5, 1956.
Decided June 14, 1956.
Petition for Rehearing Denied September 18, 1956.
Attorney(s) appearing for the Case
Mr. Ben C. Fisher, Washington, D. C., with whom Mr. John P. Southmayd, Washington, D. C., was on the brief, for Elm City Broadcasting Corp.
Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, John J. O'Malley, Jr., Counsel, Federal Communications Commission, and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for United States and F. C. C. Messrs. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, and Charles H. Weston, Atty., Dept. of Justice, also entered appearances for respondents.
Mr. Leo Rosen, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. William P. Bernton, Washington, D. C., was on the brief, for intervenor.
Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WILBUR K. MILLER, Circuit Judge.
These two cases pose the same basic question: has the Federal Communications Commission the authority, in a proceeding under § 309(b) of the Communications Act of 1934, as amended,1 to deny a petition for intervention seasonably filed by an undoubted party in interest? In the first case, No. 12,542, the would-be intervenor asked review of the denial of intervention...
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