NOE v. FEDERAL COMMUNICATIONS COMMISSION

No. 14064.

260 F.2d 739 (1958)

James A. NOE, Harry Allsman, Raymond F. Hufft, and James A. Noe, Jr., d/b/a James A. Noe & Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Loyola University, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided October 16, 1958.


Attorney(s) appearing for the Case

Mr. Warren Woods, Washington, D. C., for appellant.

Mr. Joel Rosenbloom, Counsel, Federal Communications Commission, with whom Messrs. Warren E. Baker, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, and Richard W. Zwolinski, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. Paul M. Segal, Washington, D. C., with whom Mr. Robert A. Marmet, Washington, D. C., was on the brief, for intervenor.

Messrs. Glenn L. Archer, Jr., and James E. Curry, Washington, D. C., filed a brief on behalf of Protestants and Other Americans United for Separation of Church and State, as amicus curiae, urging reversal.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.


WASHINGTON, Circuit Judge.

This appeal arises from a comparative proceeding before the Federal Communications Commission to determine which of three applicants should be awarded authority to operate a commercial television station on VHF Channel 4 in New Orleans, Louisiana. The hearing examiner recommended a grant to the Times-Picayune Publishing Company, preferring it over appellant James A. Noe & Company and over intervenor Loyola University, a Jesuit educational...

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