HALL v. FEDERAL COMMUNICATIONS COMMISSION

No. 13231.

237 F.2d 567 (1956)

Wilton E. HALL and Greenville Television Company, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Spartan Radiocasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 6, 1956.

Petition for Rehearing Denied October 22, 1956.


Attorney(s) appearing for the Case

Mr. Benedict P. Cottone, Washington, D. C., with whom Messrs. Arthur Scheiner and Ben C. Fisher, Washington, D. C., were on the brief, for appellants.

Mr. J. Smith Henley, Associate Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Richard A. Solomon, Asst. Gen. Counsel, Daniel R. Ohlbaum and John J. O'Malley, Jr., Counsel, Federal Communications Commission, were on the brief, for appellee.

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 intervenor.

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


BAZELON, Circuit Judge.

Appellants protested a Federal Communications Commission order of April 30, 1954, granting intervenor a modification of its permit to construct and operate a television station on Channel 7, assigned to Spartanburg, South Carolina.1 Those protests were denied by the Commission without a hearing, upon the ground that appellants did not appear to be "parties in interest," but we reversed that action and remanded the...

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