GRANIK v. FEDERAL COMMUNICATIONS COMMISSION

Nos. 13730, 13731.

252 F.2d 822 (1958)

Theodore GRANIK and William H. Cook, Appellants. v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WMFJ, Inc., and W. Wright Esch, Intervenors. Theodore GRANIK and William H. Cook, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Telrad, Inc., Perry Realty Company, W. Wright Esch, Adelaide B. Esch and Louis Ossinsky, Sr., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided January 30, 1958.


Attorney(s) appearing for the Case

Mr. Leonard H. Marks, with whom Messrs. Paul Dobin and Stanley S. Neustadt, Washington, D. C., were on the brief, for appellants.

Mr. Charles C. McCarter, Atty., Federal Communications Commission, Chevy Chase, Md., for appellee.

Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, and Richard M. Zwolinski, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Alan Y. Naftalin, Washington, D. C., with whom Mr. Bernard Koteen, Washington, D. C., was on the brief, for intervenor WMFJ, Inc., in No. 13730.

Mr. Frederick H. Walton, Jr., Washington, D. C., with whom Messrs. William J. Dempsey and William C. Koplovitz, Washington, D. C., were on the brief, for intervenors Telrad, Inc., and Perry Realty Company.

Messrs. Abe L. Stein, Washington, D. C., and Louis Ossinsky, Sr., Daytona Beach, Fla., entered appearances for intervenor W. Wright Esch, in No. 13730 and intervenors Esch and Ossinsky, Sr., in No. 13731.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.


PER CURIAM.

In Granik v. FCC, 98 U.S.App.D.C. 247, 234 F.2d 682, we held, for reasons there set forth, that appellants had standing to protest under section 309(c) and to petition for reconsideration under section 405 of the Communications Act1 in respect of the grant by the Commission of an application of W. Wright Esch to assign the radio license of Station WMFJ, Daytona Beach, Florida, to WMFJ, Inc...

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