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


239 F.2d 19 (1956)

No. 12470 McCLATCHY BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Sacramento Telecasters, Inc., Intervenor. On Rehearing. 12637. McCLATCHY BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Sacramento Telecasters, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided October 18, 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. 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, and Stanley S. Neustadt, Counsel, Federal Communications Commission, were on the brief for appellee in case No. 12,470.

Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, and Henry Geller, Counsel, Federal Communications Commission, were on the brief for appellee in case No. 12,637.

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 Ass'n as amicus curiae, urging reversal in case No. 12,470.

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


Writ of Certiorari Denied March 25, 1957. See 77 S.Ct. 664.

WILBUR K. MILLER, Circuit Judge.

During a comparative hearing on mutually exclusive applications for a television construction permit filed by McClatchy Broadcasting Company and Sacramento Telecasters, Inc., the presiding examiner permitted Telecasters, over McClatchy's objection, to amend its application. The amendment provided for a higher antenna of a different type, making Telecasters' proposed...

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