SOUTHWESTERN PUBLISHING CO. v. FEDERAL COMMUN. COM'N

No. 13456.

243 F.2d 829 (1957)

SOUTHWESTERN PUBLISHING COMPANY, Southwestern Radio and Television Company, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Television Company, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 4, 1957.

Petition for Rehearing Denied May 29, 1957.


Attorney(s) appearing for the Case

Mr. J. Roger Wollenberg, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for appellants.

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 John J. O'Malley, Jr., Counsel, Federal Communications Commission, were on the brief, for appellee.

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

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.


BAZELON, Circuit Judge.

Appellants are Southwestern Publishing Company and its wholly-owned subsidiary, Southwestern Radio and Television Company, operator of a UHF television station at Fort Smith, Arkansas. Intervenor, American Television Company, holds a construction permit for a VHF television station in that city. An understanding of the controversy before us requires a short excursion into some background facts.

American applied for its construction...

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