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HALL v. FEDERAL COMMUNICATIONS COMMISSION

Nos. 13231, 14018, 14087.

257 F.2d 626 (1958)

Wilton E. HALL, Greenville Television Company, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, The Spartan Radiocasting Company, Intervenor, The City of Spartanburg, South Carolina, Intervenor. Wilton E. HALL, Greenville Television Company, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, The Spartan Radiocasting Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1958.

Attorney(s) appearing for the Case

Mr. Benedict P. Cottone, Washington, D. C., with whom Messrs. Arthur Scheiner and Ben C. Fisher, Washington, D. C., were on the brief, for appellants.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, Washington, D. C., with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, and Richard M. Zwolinski, Counsel, Federal Communications Commission, Washington, D. C., 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 The Spartan Radiocasting Co.

Before EDGERTON, Chief Judge, and BAZELON and FAHY, Circuit Judges.

BAZELON, Circuit Judge.

This appeal brings to us for the third time the controversy concerning the Federal Communications Commission's grant to Spartan Radiocasting Company of a modification of its television construction permit. On September 6, 1956, we set aside a Commission order affirming that grant.1 On the basis of the Commission's findings, we held that (1) the modification resulted in "a curtailment of service to the Spartanburg...

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