INTERSTATE BROADCASTING COMPANY v. F. C. C.

No. 14391.

265 F.2d 598 (1959)

INTERSTATE BROADCASTING COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, E. Weaks McKinney-Smith, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 19, 1959.


Attorney(s) appearing for the Case

Mr. Maurice M. Jansky, Washington, D. C., for appellant.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Mr. Richard A. Solomon, Assistant General Counsel, Federal Communications Commission at the time the brief was filed, was on the brief for appellee. Messrs. Edgar W. Holtz, Acting General Counsel, Federal Communications Commission, and John J. O'Malley, Jr., Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. John B. Kenkel, Washington, D. C., with whom Mr. Arthur H. Schroeder, Washington, D. C., was on the brief, for intervenor.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.


DANAHER, Circuit Judge.

Intervenor on April 20, 1954, applied for a construction permit for a new radio broadcast station on a frequency of 1560 kc. at Paducah, Kentucky. There was then on file an application of Tennessee Valley Broadcasting Company (herein, Tennessee) seeking to change the facilities of its station at Chattanooga to permit of its use of a frequency of 1560 kc. Tennessee later amended its application to specify a use of that frequency at Fort Oglethorpe...

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