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SMITH v. FEDERAL COMMUNICATIONS COMMISSION

Nos. 13571, 13627.

247 F.2d 100 (1957)

Lawrence M. C. SMITH, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, The Good Music Station, Inc., Intervenor, RKO Teleradio Pictures, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1957.

Attorney(s) appearing for the Case

Mr. Lucien Hilmer, Washington, D. C., for appellant.

Mr. Richard A. Solomon, Assistant General Counsel, Federal Communications Commission, Washington, D. C., with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Mark E. Fields, Counsel, Federal Communications Commission, Washington, D. C., were on the brief, for appellee.

Mr. Harold D. Cohen, Washington, D. C., with whom Mr. Nad A. Peterson, Washington, D. C., was on the brief, for intervenor, RKO Teleradio Pictures, Inc., Messrs. W. Theodore Pierson and Vernon C. Kohlhaas, Washington, D. C., also entered appearances for intervenor, RKO Teleradio Pictures, Inc.

Mr. William P. Bernton, Washington, D. C., was on the brief for intervenor, The Good Music Station, Inc. Messrs. Monroe Oppenheimer and James H. Heller, Washington, D. C., also entered appearances for intervenor, The Good Music Station, Inc.

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

PER CURIAM.

The Good Music Station, Inc., and RKO Teleradio Pictures, Inc., on May 21, 1956, applied for Federal Communications Commission approval of assignment of GMS's AM and FM licenses and construction permit to RKO. The Commission approved the application without hearing on July 18, 1956, pursuant to § 309(a) of the Communications Act, 47 U.S.C.A. § 309(a), and the sale was consummated the same day.

Section 309(c) of the Communications Act...

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