COASTAL BEND TELEVISION CO. v. FEDERAL COMMUN. COM'N

Nos. 13034, 13035, 13038, 13039, 13056-58, 13065.

234 F.2d 686 (1956)

COASTAL BEND TELEVISION COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Gulf Coast Broadcasting Company, Intervenor. COASTAL BEND TELEVISION COMPANY, Petitioner, v. The UNITED STATES of America, Federal Communications Commission, Respondents, Gulf Coast Broadcasting Company, Intervenor. MONONA BROADCASTING COMPANY, Bartell Television Corporation, Petitioners, v. UNITED STATES of America, Federal Communications Commission, Respondents, Radio Wisconsin, Incorporated, Winnebago Television Corporation, Intervenors. MONONA BROADCASTING COMPANY, Bartell Television Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Wisconsin, Incorporated, Winnebago Television Corporation, Intervenors. PREMIER TELEVISION, Inc., Ohio Valley Television Company, Petitioners, v. UNITED STATES of America, Federal Communications Commission, Respondents, Evansville Television, Inc., Intervenor. PREMIER TELEVISION, Inc., Ohio Valley Television Company, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Evansville Television, Inc., Intervenor. MID-AMERICA BROADCASTING CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Evansville Television, Inc., Intervenor. MID-AMERICA BROADCASTING CORPORATION, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Evansville Television, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1956.


Attorney(s) appearing for the Case

Mr. Paul Dobin, Washington, D. C., for appellant in No. 13,034 and petitioner in No. 13,035. Mr. Stanley S. Neustadt, Washington, D. C., also entered an appearance for appellant in No. 13,034 and petitioner in No. 13,035.

Mr. Benito Gaguine, Washington, D. C., for Monona Broadcasting Company, petitioner in No. 13,038 and appellant in No. 13,039. Mr. Samuel Miller, Washington, D. C., was on the brief for Bartell Television Corporation, petitioner in No. 13,038 and appellant in No. 13,039.

Mr. J. Roger Wollenberg, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for petitioners in Nos. 13,056 and 13,065, and appellants in Nos. 13,057 and 13,058. Mr. Michael H. Bader, Washington, D. C., also entered an appearance for petitioners in Nos. 13,056 and 13,065, and appellants in Nos. 13,057 and 13,058.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, and Daniel R. Ohlbaum and Henry Geller, Counsel, Federal Communications Commission, were on the brief, for Federal Communications Commission, appellee in Nos. 13,034, 13,039, 13,057 and 13,058, and respondent in Nos. 13,035, 13,038, 13,056 and 13,065. Mr. Daniel M. Friedman, Atty., Dept. of Justice, entered an appearance for the United States of America, respondent in Nos. 13,035, 13,038, 13,056 and 13,065.

Mr. Paul M. Segal, Washington, D. C., with whom Messrs. Robert A. Marmet, George S. Smith and Philip J. Hennessey, Jr., Washington, D. C., were on the brief, for intervenor in Nos. 13,034 and 13,035, urged affirmance.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for intervenor Winnebago Television Corporation, intervenor in Nos. 13,038 and 13,039, urged reversal.

Mr. Arthur W. Scharfeld, Washington, D. C., for intervenor Radio Wisconsin, Inc., in Nos. 13,038 and 13,039, urged affirmance.

Mr. Vincent A. Pepper, Washington, D. C., with whom Mr. Vincent B. Welch was on the brief, for intervenor in Nos. 13,056, 13,057, 13,058 and 13,065, urged affirmance. Mr. Robert N. Green, Washington, D. C., also entered an appearance for intervenor in Nos. 13,056, 13,057, 13,058 and 13,065.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting en banc.


WASHINGTON, Circuit Judge.

These cases involve the UHF-VHF television controversy. We had occasion to deal with the matter at an earlier stage, when the petitioning UHF stations sought a stay of orders of the Federal Communications Commission. A panel of the court denied the stay, in a brief opinion, one judge dissenting. Coastal Bend Television Co. v. Federal Communications Commission, 1956, 97 U.S.App. D.C. 339, 231 F.2d 498. Thereafter...

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