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KLEIN v. FEDERAL COMMUNICATIONS COMMISSION

No. 12453.

232 F.2d 73 (1956)

Abraham KLEIN, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Page Boy, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 2, 1956.

Attorney(s) appearing for the Case

Mr. Sam Rosenblum, New York City, for appellant.

Mr. Edward W. Hautanen, Counsel, Federal Communications Commission, of the bar of the Supreme Court of Washington, pro hac vice, by special leave of Court, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, J. Smith Henley, Associate Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Stanley S. Neustadt, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., entered appearances for intervenor.

Before EDGERTON, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.

PER CURIAM.

Appellant Klein and Intervenor Page Boy, Inc., filed mutually exclusive applications with the Federal Communications Commission for facilities in New York City in the Domestic Public Land Mobile Radio Service. At a comparative hearing before the trial examiner, it appeared that the Postmaster General had issued a fraud order against appellant about fifteen months earlier. Upon consideration of the circumstances underlying the issuance of that order, the...

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