W. S. BUTTERFIELD THEATRES v. FEDERAL COMMUN. COM'N

Nos. 12527, 12666, 12752, 12528, 12667, 12753.

237 F.2d 552 (1956)

W. S. BUTTERFIELD THEATRES, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WJR, The Goodwill Station, Inc., Intervenor. TREBIT CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WJR, The Goodwill Station, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 24, 1956.

Petition for Rehearing Denied July 3, 1956.

Petition for Rehearing Denied July 9, 1956.


Attorney(s) appearing for the Case

Mr. D. M. Patrick, Washington, D. C., with whom Messrs. Lester Cohen and Parker D. Hancock, Washington, D. C., were on the brief, for appellant W. S. Butterfield Theatres, Inc.

Mr. William J. Dempsey, Washington, D. C., with whom Messrs. William C. Koplovitz and Harry J. Ockershausen, Washington, D. C., were on the brief, for appellant Trebit Corp.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Daniel R. Ohlbaum and Henry Geller, Counsel, Federal Communications Commission, were on the brief, for appellee.

Messrs. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission, Edward W. Hautanen, Counsel, Federal Communications Commission, and Warren D. Quenstedt, Counsel, Federal Communications Commission, at the time record was filed, also entered appearances for appellee.

Mr. R. Russell Eagan, Washington, D. C., with whom Messrs. Reed T. Rollo and Herbert J. Miller, Jr., Washington, D. C., were on the brief, for intervenor.

Before BAZELON, DANAHER and BASTIAN, Circuit Judges.


Intervenor's Petition for Rehearing in Banc Denied July 3, 1956.

Appellee's Petition for Rehearing Denied July 9, 1956.

BAZELON, Circuit Judge.

These appeals arise from a three-way contest for a permit to construct a television station at Flint, Michigan. On May 12, 1954, the Federal Communications Commission granted the application of WJR, the Goodwill Station, Inc., the intervenor, and denied those of W. S. Butterfield Theatres, Inc., and Trebit...

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