WIRL TELEVISION COMPANY, Petitioner,
v.
UNITED STATES of America and Federal Communications Commission, Respondents,
Tele-Views News Company, American Broadcasting-Paramount Theatres, Inc., Mid Illinois Television Company, Illiway Television, Inc., Hilltop Broadcasting Company, WMBD, Inc., West Central Broadcasting Company, Intervenors.
WIRL TELEVISION COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee, Tele-Views News Company, American Broadcasting-Paramount Theatres, Inc., Mid Illinois Television Company, Illiway Television, Inc., Hilltop Broadcasting Company, WMBD, Inc., West Central Broadcasting Company, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 4, 1957.
Decided March 27, 1958.
Petition for Rehearing Denied May 5, 1958.
Attorney(s) appearing for the Case
Messrs. Ben C. Fisher, Washington, D. C., and Timothy W. Swain, Peoria, Ill., with whom Messrs. Charles V. Wayland, Charles F. Duvall, John P. Southmayd and Richard Hildreth, Washington, D. C., were on the brief, for petitioner in No. 13,768 and appellant in No. 13,769 and No. 13,912.
Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, John J. O'Malley, Jr., Counsel, Federal Communications Commission, and Henry Geller, Attorney, Department of Justice, were on the brief, for respondent in No. 13,768 and appellee in Nos. 13,769 and 13,912. Mr. Daniel R. Ohlbaum, Counsel, Federal Communications Commission at the time record was filed, also entered an appearance for respondent Federal Communications Commission, in No. 13,768. Mr. Daniel M. Friedman, Attorney, Department of Justice, also entered an appearance for respondent United States of America, in No. 13,768.
Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for intervenor American Broadcasting-Paramount Theatres, Inc., Messrs. Vernon L. Wilkinson and James A. McKenna, Jr., Washington, D. C., also entered appearances for intervenor Tele-Views News Company.
Mr. Harold D. Cohen, Washington, D. C., with whom Mr. W. Theodore Pierson, Washington, D. C., was on the brief, for intervenor WMBD, Inc., Messrs. Vernon C. Kohlhaas and Nad A. Peterson, Washington, D. C., also entered appearances for intervenor WMBD, Inc., in Nos. 13,768 and 13,769.
Messrs. Marcus Cohn and Stanley S. Neustadt, Washington, D. C., were on the brief for intervenors Illiway Television, Inc., and Hilltop Broadcasting Company. Mr. Paul Dobin, Washington, D. C., also entered an appearance for intervenors Illiway Television, Inc., and Hilltop Broadcasting Company.
Messrs. Jack P. Blume and Peter Shuebruk, New York City, were on the brief for intervenor West Central Broadcasting Company.
Mr. Benito Gaguine, Washington, D. C., also entered an appearance for intervenor West Central Broadcasting Company.
Mr. Harry J. Daly and Mrs. Lenore G. Ehrig, Washington, D. C., entered appearances for intervenor Mid Illinois Television Company.
Before PRETTYMAN, FAHY and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BURGER, Circuit Judge.
In 1952, after several years of consideration, the Commission allocated television channels to various areas throughout the country. Peoria, Illinois, was allotted two UHF channels1 and one VHF channel, channel 8. Two applicants successfully applied for the two UHF channels, began broadcasting in 1953 and are still in operation. Appellant, having no desire to secure a UHF channel, applied for VHF channel 8, the only...
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