CHANNEL 16 OF RHODE ISLAND v. FEDERAL COMMUN. COM'N

No. 12537.

229 F.2d 520 (1956)

CHANNEL 16 OF RHODE ISLAND, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Cherry & Webb Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 12, 1956.


Attorney(s) appearing for the Case

Mr. Benedict P. Cottone, Washington, D. C., with whom Mr. Arthur Scheiner, Washington, D. C., was on the brief, for appellant.

Mr. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and Warren D. Quenstedt, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Thomas H. Wall, Washington, D. C., with whom Messrs. Thomas J. Dougherty, Paul A. O'Bryan and William P. Sims, Jr., Washington, D. C., were on the brief, for intervenor.

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


WILBUR K. MILLER, Circuit Judge.

When their mutually exclusive applications for a construction permit for a television broadcast station at Providence, Rhode Island, had been pending for some time but had not been heard, Cherry & Webb Broadcasting Company, Hope Broadcasting Company and Greater Providence Broadcasting Company entered into a so-called merger agreement.1 By its terms Hope and Greater Providence were to withdraw their...

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