RADIO STATION KFH CO. v. FEDERAL COMMUNICATIONS COM'N

Nos. 13272, 13307.

247 F.2d 570 (1957)

The RADIO STATION KFH COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Wichita Television Corporation, Inc., Intervenor. The RADIO STATION KFH COMPANY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Wichita Television Corporation, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1957.

Petition for Rehearing Denied September 10, 1957.


Attorney(s) appearing for the Case

Mr. William C. Koplovitz, Washington, D. C., with whom Messrs. William J. Dempsey and Frederick H. Walton, Jr., Washington, D. C., were on the brief, for appellant in No. 13272 and petitioner in No. 13307.

Mr. Henry Geller, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, and Daniel R. Ohlbaum, Counsel, Federal Communications Commission, were on the brief, for appellee in No. 13272 and respondents in No. 13307. Mr. Daniel M. Friedman, Atty., Dept. of Justice, was also on the brief for respondents in No. 13307. Mr. J. Smith Henley, Asst. Gen. Counsel, Federal Communications Commission at the time the record was filed, also entered an appearance for appellee in No. 13272.

Mr. Bernard Koteen, Washington, D. C., with whom Mr. Alan Y. Naftalin, Washington, D. C., was on the brief, for intervenor.

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


EDGERTON, Chief Judge.

After hearing three mutually exclusive applications for a television permit in Wichita, Kansas, the Commission granted that of Wichita Television Corporation, Inc. (Wichita). The Radio Station KFH Company (KFH), one of the unsuccessful applicants, is the appellant in No. 13272.

In its final decision the Commission said: "We have considered the disputed rulings of the Examiner and herewith approve...

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