MASSACHUSETTS BAY TELECASTERS, Inc., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WHDH, Inc., Intervenor.
GREATER BOSTON TELEVISION CORPORATION, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WHDH, Inc., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 12, 1957.
Decided July 31, 1958.
Petition for Rehearing Denied September 12, 1958.
Attorney(s) appearing for the Case
Mr. Henry E. Foley, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Messrs. James A. McKenna, Jr., and David S. Stevens, Washington, D. C., were on the brief, for appellant in No. 13,896. Messrs. Vernon L. Wilkinson, Washington, D. C., and Laurence S. Fordham, Boston, Mass., also entered appearances for appellant in No. 13,896.
Mr. J. Joseph Maloney, Jr., Boston, Mass., with whom Messrs. Jeremiah T. Riley, Washington, D. C., and Richard Maguire, Boston, Mass., were on the brief, for appellant in No. 13,899.
Mr. Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Charles C. McCarter, Counsel, Federal Communications Commission, were on the brief, for appellee.
Mr. William J. Dempsey, Washington, D. C., with whom Messrs. William C. Koplovitz and Harry J. Ockershausen, Washington, D. C., were on the brief, for intervenor.
Before EDGERTON, Chief Judge, and DANAHER and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
DANAHER, Circuit Judge.
The Federal Communications Commission, by its decision released on April 25, 1957, awarded VHF Channel 5 in Boston to WHDH, Inc. (WHDH), intervenor herein. This corporation had been acquired by the Herald-Traveler Corporation in 1946. WHDH, AM and FM licensee, had in 1947 applied for television facilities. Substantial studies and surveys were undertaken to determine community needs. It commenced closed...
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