W. S. BUTTERFIELD THEATRES, INC. v. F. C. C.

Nos. 12527, 12752, 14685, 12528, 12753, 14691.

272 F.2d 512 (1959)

W. S. BUTTERFIELD THEATRES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WJR, The Goodwill Station, Inc., Intervenor. TREBIT CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WJR, The Goodwill Station, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided November 5, 1959.

Petitions for Rehearing Denied December 8, 1959.


Attorney(s) appearing for the Case

Mr. D. M. Patrick, Washington, D. C., with whom Messrs. Lester Cohen, Parker D. Hancock, Stanley S. Harris and Howard F. Roycroft, Washington, D. C., were on the brief, for appellant in Nos. 12527, 12752 and 14685.

Mr. William J. Dempsey, Washington, D. C., with whom Messrs. William C. Koplovitz and Harry J. Ockershausen, Washington, D. C., were on the brief for appellant in Nos. 12528, 12753 and 14691.

Mr. James T. Brennan, Jr., Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel, Federal Communications Commission, Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, and Jerry M. Hamovit, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. R. Russell Eagan, Washington, D. C., with whom Mr. Reed T. Rollo, Washington, D. C., was on the brief, for intervenor. Mr. Herbert J. Miller, Jr., Washington, D. C., also entered an appearance for intervenor in Nos. 12527 and 12528.

Before BAZELON, DANAHER and BASTIAN, Circuit Judges.


PER CURIAM.

These appeals arise from a continuation of a three-way contest for a permit to construct and operate a television station on Channel 12 at Flint, Michigan.

On May 12, 1954, the Federal Communications Commission granted the application of WJR, The Goodwill Station, Inc., intervenor, and denied those of W. S. Butterfield Theatres, Inc. and Trebit Corporation, appellants.1 On December 6, 1954, the Commission denied appellants...

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