STORER BROADCASTING COMPANY v. UNITED STATES

No. 12065.

240 F.2d 55 (1956)

STORER BROADCASTING COMPANY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided December 31, 1956.


Attorney(s) appearing for the Case

Mr. Albert R. Connelly, New York City, with whom Messrs. Thomas H. Wall, Washington, D. C., and George B. Turner, New York City, were on the brief, for petitioner. Messrs. Fred W. Albertson and Clair L. Stout, Washington, D. C., also entered appearances for petitioner.

Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, with whom Messrs. J. Smith Henley and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, Daniel R. Ohlbaum, Counsel, Federal Communications Commission, and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for respondents. Messrs. J. Roger Wollenberg, and Richard J. Snider, Counsel, Federal Communications Commission, at the time record was filed, also entered appearances for respondent, Federal Communications Commission. Mr. Charles H. Weston, Atty., Dept. of Justice, also entered an appearance for respondent, United States.

Before PRETTYMAN, WILBUR K. MILLER, and BAZELON, Circuit Judges.


BAZELON, Circuit Judge.

This case is now before us on the remand ordered by the Supreme Court in reversing our decision of February 24, 1955,1 wherein we held invalid a provision of the Federal Communications Commission's Multiple Ownership Regulations. United States v. Storer Broadcasting Co., 1956, 351 U.S. 192, 76 S.Ct. 763. Under the terms of this provision, consideration is denied "in any event" to...

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