ENTERPRISE CO. v. F. C. C.

No. 14474.

265 F.2d 103 (1959)

ENTERPRISE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Beaumont Broadcasting Corporation, W. P. Hobby, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided January 29, 1959.


Attorney(s) appearing for the Case

Mr. Stanley S. Neustadt, Washington, D. C., with whom Leonard H. Marks and Paul Dobin, Washington, D. C., were on the brief, for appellant.

Mr. Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, with whom John L. Fitzgerald, General Counsel, Federal Communications Commission, and Joel Rosenbloom, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Warren E. Baker, General Counsel, Federal Communications Commission, at the time record was filed, also entered an appearance for appellee.

Mr. George S. Smith, Washington, D. C., with whom Mr. Edwin S. Nail, Washington, D. C., was on the brief, for intervenor Beaumont Broadcasting Corporation.

Mr. William C. Koplovitz, Washington, D. C., with whom Mr. William J. Dempsey, Washington, D. C., was on the brief, for intervenor W. P. Hobby.

Before BAZELON, FAHY and DANAHER, Circuit Judges.


BAZELON, Circuit Judge.

In Enterprise Company v. Federal Communications Commission, 1955, 97 U.S.App.D.C. 374, 231 F.2d 708, we held that the Commission had erroneously refused to reopen the record of a three-party comparative contest for a television station to consider the circumstances of a post-grant agreement between the grantee (Beaumont Broadcasting Corporation) and one of the unsuccessful applicants (KTRM) pursuant to which...

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