FRONTIER BROADCASTING COMPANY, Petitioner,
v.
UNITED STATES of America, Federal Communications Commission, Respondents,
Western Nebraska Television, Inc., Intervenor.
FRONTIER BROADCASTING COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Western Nebraska Television, Inc., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 4, 1959.
Decided March 12, 1959.
Attorney(s) appearing for the Case
Mr. Alan Y. Naftalin, Washington, D. C., with whom Mr. Bernard Koteen, Washington, D. C., was on the brief, for petitioner in No. 14,395 and appellant in No. 14,539.
Mr. Joel Rosenbloom, Counsel, Federal Communications Commission, for Federal Communications Commission, respondent in No. 14,395 and appellee in No. 14,539. Messrs. John L. Fitzgerald, Gen. Counsel, Federal Communications Commission, Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission at the time the brief was filed, John J. O'Malley, Jr., and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, and Mr. Daniel M. Friedman, Atty., Dept. of Justice, were on the brief for respondents in No. 14,395 and appellee in No. 14,539. Mr. Charles C. McCarter, Counsel, Federal Communications Commission, also entered an appearance for appellee in No. 14,539.
Mr. Neville Miller, Washington, D. C., with whom Mr. John P. Bankson, Jr., Washington, D. C., was on the brief, for intervenor.
Before Mr. Justice BURTON, retired, and WILBUR K. MILLER and FAHY, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WILBUR K. MILLER, Circuit Judge.
The Frontier Broadcasting Company, licensee of a television station at Scottsbluff, Nebraska, operating on Channel 10, applied to the Federal Communications Commission for a television construction permit for Channel 13 at Alliance, Nebraska, some 40 miles away. Western Nebraska Television, Inc., applied for a similar permit. The Commission designated the two mutually exclusive applications...
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