FRIEDMAN v. F. C. C.

Nos. 14386, 14387.

263 F.2d 493 (1959)

Harold FRIEDMAN, Trustee in Bankruptcy for the Gerico Investment Company, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. WTVJ, Inc., Publix Television Corporation, Intervenors. Harold FRIEDMAN, Trustee in Bankruptcy for the Gerico Investment Company, Petitioner, v. UNITED STATES of America, and Federal Communications Commission, Respondents. WTVJ, Inc., Publix Television Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided January 29, 1959.


Attorney(s) appearing for the Case

Mr. Fred J. Eden, Jr., Washington, D. C. for appellant in No. 14386 and petitioner in No. 14387.

Mr. Joel Rosenbloom, Counsel, F.C.C., for appellee in No. 14386 and respondents in No. 14387. Messrs. John L. Fitzgerald, Gen. Counsel, F.C.C., Richard A. Solomon, Asst. Gen. Counsel, F.C.C., Richard M. Zwolinski, Counsel, F.C.C., and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief for appellee in No. 14386 and respondents in No. 14387. Mr. Edgar W. Holtz, Associate Gen. Counsel, F.C.C., also entered an appearance for appellee in No. 14386 and respondents in No. 14387.

Mr. Marcus Cohn, Washington, D. C., was on the brief for intervenor WTVJ, Inc. Mr. Paul Dobin, Washington, D. C., also entered an appearance for intervenor WTVJ, Inc.

Mr. Aloysius B. McCabe, Washington, D. C., with whom Messrs. Reed T. Rollo and R. Russell Eagan, Washington, D. C., were on the brief, for intervenor Publix Television Corp.

Before WILBUR K. MILLER, FAHY and DANAHER, Circuit Judges.


PER CURIAM.

Pursuant to § 402(a) of the Communications Act,1 Gerico Investment Company2 petitions this court in No. 14387 for review of the action of the Commission in assigning a new and fourth VHF channel, No. 6, to Miami, Florida, in a rule-making proceeding. Gerico contends that this action constitutes a modification of its own UHF license on Channel 17 at...

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