WORZ, INC. v. F. C. C.

No. 13996.

268 F.2d 889 (1959)

WORZ, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mid-Florida Television Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 21, 1959.

Petition for Rehearing Denied June 5, 1959.


Attorney(s) appearing for the Case

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

Mr. John H. Conlin, Counsel, Federal Communications Commission, with whom Messrs. Edgar W. Holtz, Associate Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, at the time the brief was filed, were on the brief, for appellee.

Messrs. Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, Richard M. Zwolinski and Jerry M. Hamovit, Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. Paul Dobin, Washington, D. C., with whom Mr. Leonard H. Marks, Washington, D. C., was on the brief, for intervenor.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.


Petition for Rehearing in Banc Denied June 5, 1959.

FAHY, Circuit Judge.

In WORZ, Inc. v. F.C.C., 103 U.S.App. D.C. 195, 257 F.2d 199, we affirmed an order of the Commission granting the application of Mid-Florida Television Corp. for a construction permit for television channel 9 in Orlando, Florida. The order of the Commission had denied the mutually exclusive application of WORZ, Inc. The latter petitioned the Supreme Court...

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