McCLATCHY BROADCASTING CO. v. FEDERAL COMMUN. COM'N

No. 12470.

239 F.2d 15 (1956)

McCLATCHY BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Sacramento Telecasters, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 27, 1956.

Writ of Certiorari Denied March 25, 1957.


Attorney(s) appearing for the Case

Mr. Thomas H. Wall, Washington, D. C., with whom Messrs. Clair L. Stout, Jerome H. Heckman and Thomas J. Dougherty, Washington, D. C., were on the brief, for appellant.

Mr. Stanley S. Neustadt, Counsel, Federal Communications Commission, New York City, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. J. Roger Wollenberg, Washington, D. C., with whom Mr. Dwight D. Doty, Washington, D. C., was on the brief, for intervenor.

Messrs. Elisha Hanson, Arthur B. Hanson, Garland Clarke and Paul L. O'Brien, Washington, D. C., filed a brief, on behalf of American Newspaper Publishers Association, as amicus curiae, urging reversal.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.


Writ of Certiorari Denied March 25, 1957. See 77 S.Ct. 662.

WILBUR K. MILLER, Circuit Judge.

An examiner of the Federal Communications Commission conducted a comparative hearing concerning the mutually exclusive applications of McClatchy Broadcasting Company and Sacramento Telecasters, Inc., for a television broadcast station construction permit in Sacramento, California.

In his initial decision, the examiner found McClatchy superior to Telecasters...

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