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HELENA TV, INC., v. FEDERAL COMMUNICATIONS COMMISSION

No. 16524.

269 F.2d 30 (1959)

HELENA TV, INC., a Montana corporation, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, an Executive Agency of the United States, and United States of America, Respondents.

United States Court of Appeals Ninth Circuit.

August 5, 1959.

Attorney(s) appearing for the Case

Luxan & Scribner, A. W. Scribner, Helena, Mont., Smith & Pepper, E. Stratford Smith, Washington, D. C., for petitioner.

Max Paglin, Associate Gen. Counsel, F.C.C., Washington, D. C., Richard A. Solomon, Atty., Dept. of Justice, Washington, D. C., for respondents.

Burton K. Wheeler, Washington, D. C., for Capital City Television, Inc., interveners.

Arthur Blooston, Washington, D. C., for Montana Microwave, interveners.

Before BARNES, HAMLEY, and JERTBERG, Circuit Judges.

PER CURIAM.

Helena TV, Inc., a Montana corporation which has its principal place of business in the Ninth Judicial Circuit, having brought this proceeding to review an order of the Federal Communications Commission; and it appearing that petitioner relies upon section 402(a) of the Communications Act, 47 U.S.C.A. § 402(a), as conferring jurisdiction upon this court to entertain the proceeding; and the Commission having moved to dismiss the proceeding for want...

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