JACKSONVILLE JOURNAL CO. v. FEDERAL COMMUN. COM'N

Nos. 13547, 13548.

246 F.2d 699 (1957)

The JACKSONVILLE JOURNAL COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Florida-Georgia Television Company, Inc., Intervenor. The JACKSONVILLE JOURNAL COMPANY, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Florida-Georgia Television Company, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 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 case No. 13,547 and petitioner in case No. 13,548.

Mr. Robert M. Ague, Jr., Counsel, Federal Communications Commission, a member of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of Court, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, and Daniel R. Ohlbaum, Counsel, Federal Communications Commission, were on the brief, for appellee in case No. 13,547 and respondent Federal Communications Commission in case No. 13,548. Mr. J. Smith Henley, Asst. General Counsel, Federal Communications Commission at the time record was filed, also entered an appearance for appellee in case No. 13,547 and respondent Federal Communications Commission in case No. 13,548.

Mr. Daniel M. Friedman, Attorney, Department of Justice, entered an appearance for respondent, United States of America, in case No. 13,548.

Mr. Bernard Koteen, Washington, D. C., with whom Mr. Alan Y. Naftalin, Washington, D. C., was on the brief, for intervenor, Florida-Georgia Television, Inc.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.


WASHINGTON, Circuit Judge.

This case forms part of the general UHF-VHF television controversy described in Coastal Bend Television Co. v. Federal Communications Commission, 1956, 98 U.S.App.D.C. 251, 234 F.2d 686.

After our decision in Coastal Bend, the Federal Communications Commission on June 26, 1956, issued a Report and Order dealing with the "intermixture" problem. 13 Pike & Fischer RR 1571. That Report and Order...

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