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

No. 14106.

260 F.2d 712 (1958)

WLOX BROADCASTING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Radio Associates, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 18, 1958.

Petition for Rehearing Denied December 15, 1958.


Attorney(s) appearing for the Case

Mr. Eliot C. Lovett, Washington, D. C., for appellant.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, for appellee. Messrs. Edgar W. Holtz, Acting General Counsel, Federal Communications Commission, Richard A. Solomon, Asst. General Counsel, Federal Communications Commission, and John J. O'Malley, Jr., Counsel, Federal Communications Commission, were on the brief for appellee. Messrs. Warren E. Baker, General Counsel, Federal Communications Commission, and Mark E. Fields, Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. Maurice R. Barnes, Washington, D. C., for intervenor.

Before WHITAKER, Judge, United States Court of Claims, and WILBUR K. MILLER and BAZELON, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

This is an appeal by WLOX Broadcasting Company from an order of the Federal Communications Commission dated August 6, 1957, granting the application of Radio Associates, Inc., for a permit to construct a television broadcast station to operate on channel 13 in Biloxi, Mississippi, and denying the similar application of WLOX. The two mutually exclusive applications had been designated for consolidated hearing by an order of January...

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