GERICO INVESTMENT CO. v. FEDERAL COMMUNICATIONS COM'N

No. 14179.

255 F.2d 893 (1958)

GERICO INVESTMENT COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Public Service Television, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1958.


Attorney(s) appearing for the Case

Mr. Fred J. Eden, Jr., Washington, D. C., for appellant.

Mrs. Ruth V. Reel, of the bar of the Supreme Court of Conn., pro hac vice, by special leave of court, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Norman E. Jorgensen, Washington, D. C., with whom Messrs. William I. Denning and A. G. Hardy, Washington, D. C., were on the brief, for intervenor.

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


FAHY, Circuit Judge.

The principal question pressed on this appeal1 not foreclosed by our decision in a Gerico Investment Co. v. FCC, 99 U.S. App.D.C. 379, 240 F.2d 410, is whether the license of Gerico for television station WITV, on UHF Channel 17, Fort Lauderdale, Florida, a community located twenty-five miles north of Miami, Florida, has been modified by the grant of a construction permit to intervenor...

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