OWENSBORO ON THE AIR, Inc., and Owensboro Publishing Company, Petitioners,
v.
UNITED STATES of America and Federal Communications Commission, Respondents,
American Broadcasting-Paramount Theatres, Inc., Intervenor,
Mid-America Broadcasting Corporation, Intervenor,
WEHT, Inc., Intervenor.
OWENSBORO ON THE AIR, Inc., and Owensboro Publishing Company, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
American Broadcasting-Paramount Theatres, Inc., Intervenor,
Mid-America Broadcasting Corporation, Intervenor.
OWENSBORO ON THE AIR, Inc., and Owensboro Publishing Company, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
American Broadcasting-Paramount Theatres, Inc., Intervenor,
Mid-America Broadcasting Corporation, Intervenor,
WEHT, Inc., Intervenor.
EVANSVILLE TELEVISION, Inc., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
WEHT, Inc., Intervenor.
EVANSVILLE TELEVISION, Inc., Petitioner,
v.
UNITED STATES of America and Federal Communications Commission, Respondents,
WEHT, Inc., Intervenor.
OWENSBORO ON THE AIR, Inc., and Owensboro Publishing Company, Petitioners,
v.
UNITED STATES of America and Federal Communications Commission, Respondents,
Amercan Broadcasting-Paramount Theatres, Inc., Intervenor,
Mid-America Broadcasting Corporation, Intervenor,
WEHT, Inc., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 18, 1958.
Decided December 18, 1958.
Petition for Rehearing Denied February 2, 1959.
Attorney(s) appearing for the Case
Mr. Joseph Zias, Washington, D. C., for Owensboro on the Air, Inc., petitioner in Nos. 13776 and 14049 and appellant in Nos. 13777 and 14044. Mr. Philip G. Loucks, Washington, D. C., also entered an appearance for Owensboro on the Air, Inc., petitioner in No. 13776 and appellant in No. 13777. Mr. Maurice M. Jansky, Washington, D. C., also entered an appearance for Owensboro on the Air, Inc., appellant in No. 14044.
Mr. Robert N. Green, Washington, D. C., with whom Messrs. Vincent B. Welch, Harold E. Mott and Edward P. Morgan, Washington, D. C., were on the brief, for Evansville Television, Inc., appellant in No. 14046 and petitioner in No. 14047.
Mr. Russell Rowell, Washington, D. C., was on the brief for Owensboro Publishing Company, petitioner in Nos. 13776 and 14049 and appellant in Nos. 13777 and 14044. Messrs. Frank U. Fletcher and Robert L. Heald, Washington, D. C., also entered appearances for Owensboro Publishing Company, petitioner in No. 14044.
Mrs. Ruth V. Reel, Counsel, Federal Communications Comm., with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Comm., at the time the brief was filed, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Comm., Richard M. Zwolinski, Counsel, Federal Communications Comm., and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for appellee-respondents. Mr. Charles C. McCarter, Atty., Federal Communications Comm., also entered an appearance for appellee-respondent Federal Communications Comm. in Nos. 14046 and 14047.
Mr. J. Roger Wollenberg, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for intervenor Mid-America Broadcasting Corp. in Nos. 13776, 13777, 14044 and 14049.
Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief for intervenor American Broadcasting-Paramount Theatres, Inc., in Nos. 13776, 13777, 14044 and 14049.
Messrs. Bernard Koteen and Alan Y. Naftalin, Washington, D. C., were on the brief for intervenor WEHT, Inc.
Before FAHY, DANAHER and BASTIAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Petition for Rehearing In Banc Denied February 2, 1959.
DANAHER, Circuit Judge.
We are here asked to review another phase of the vexatious UHF-VHF conflict which has long engaged the Commission and which on several occasions has come to this court.1 This time we are concerned with Evansville, Indiana, and the area adjacent thereto.
Owensboro on the Air, Inc. and Owensboro Publishing Company had been engaged in adjudicatory...
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