ALBERTSON v. FEDERAL COMMUNICATIONS COMMISSION

No. 12936.

243 F.2d 209 (1957)

Roy L. ALBERTSON, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Jet Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 7, 1957.


Attorney(s) appearing for the Case

Mr. Dwight D. Doty, Washington, D. C., with whom Messrs. Andrew G. Haley and J. Roger Wollenberg, Washington, D. C., were on the brief, for appellant.

Mr. Henry Geller, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Richard A. Solomon, Asst. Gen. Counsel, and John J. O'Malley, Jr., Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. J. Smith Henley, Associate Gen. Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Harry J. Daly, Washington, D. C., with whom Mrs. Lenore G. Ehrig, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.


DANAHER, Circuit Judge.

Albertson has asked us to reverse an order of the Commission which had allowed WJET, in Erie, Pennsylvania, operating daytime only on a frequency of 1570 kc, to commence unlimited operation on a frequency of 1400 kc. Opposing, Albertson asserted that his station, WBNY, at Buffalo, New York, operating on 1400 kc, would receive objectionable interference.

The Commission ordered a hearing upon specified issues after which the Hearing Examiner...

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