CARROLL BROADCASTING CO. v. FEDERAL COMMUN. COM'N

No. 14104.

258 F.2d 440 (1958)

CARROLL BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, West Georgia Broadcasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 10, 1958.


Attorney(s) appearing for the Case

Mr. Theodore M. Forbes, Jr., Atlanta, Ga., of the bar of the Supreme Court of Georgia, pro hac vice, by special leave of Court, with whom Mr. E. Smythe Gambrell, Atlanta, Ga., was on the brief, for appellant. Messrs. Harold L. Russell, Atlanta, Ga., and George Blow, Washington, D. C., also entered appearances for appellant.

Mr. Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, with whom Mr. Warren E. Baker, General Counsel, Federal Communications Commission, was on the brief, for appellee.

Mr. Howard J. Shellenberg, Jr., Washington, D. C., entered an appearance for intervenor.

Before PRETTYMAN, BAZELON and BURGER, Circuit Judges.


PRETTYMAN, Circuit Judge.

This is an appeal from the Federal Communications Commission and concerns a license for a standard broadcasting station. Carroll, our appellant, is an existing licensee. It unsuccessfully protested the grant of a license to West Georgia, our intervenor.

Carrollton and Bremen are towns in Georgia, twelve miles apart, with populations, respectively, of 8,600 and 2,300. Carroll's main studios are in Carrollton. West Georgia would broadcast...

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