VAN CURLER BROADCASTING CORP. v. UNITED STATES

Nos. 12987, 12989.

236 F.2d 727 (1956)

VAN CURLER BROADCASTING CORPORATION, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Hudson Valley Broadcasting Company, Inc., Intervenor. GREYLOCK BROADCASTING COMPANY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Hudson Valley Broadcasting Company, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 9, 1956.


Attorney(s) appearing for the Case

Mr. Harry M. Plotkin, Washington, D. C., with whom Mr. Paul A. Porter, Washington, D. C., was on the brief, for petitioner in No. 12987.

Messrs. L. Reed Miller and George Bunn, Washington, D. C., also entered appearances for petitioner in No. 12987.

Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for petitioner in No. 12989.

Mr. Daniel R. Ohlbaum, Counsel, Federal Communications Commission, with whom Mr. Stanley N. Barnes, Asst. Atty. Gen., Messrs. Daniel M. Friedman and William J. Lamont, Attys., Dept. of Justice, Mr. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for respondents.

Mr. D. M. Patrick, Washington, D. C., with whom Mr. Stanley S. Harris, Washington, D. C., was on the brief, for intervenor.

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


PRETTYMAN, Circuit Judge.

This matter is closely akin to the cases known here as the Coastal Bend cases,1 decided June 7, 1956. The factual background recited in the opinion in those cases need not be repeated here. There is a difference. In those cases the petitioners-appellants were UHF licensees complaining of pending grants of VHF licenses in their areas. In the present cases the petitioners, also UHF licensees, are complaining of...

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