MASS COMMUNICATORS, INC. v. F. C. C.

No. 14630.

266 F.2d 681 (1959)

MASS COMMUNICATORS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Jane A. Roberts, Permittee of Radio Station KCFI, Cedar Falls, Iowa, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 16, 1959.


Attorney(s) appearing for the Case

Mr. Seymour M. Chase, Washington, D. C., for appellant.

Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Messrs. John L. Fitzgerald, Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission at the time the brief was filed, were on the brief, for appellee. Mr. Mark E. Fields, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Harry J. Daly, Washington, D. C., with whom Mrs. Lenore G. Ehrig, Washington, D. C., was on the brief, for intervenor.

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


WASHINGTON, Circuit Judge.

The issue in the present case is whether the Federal Communications Commission is required under the doctrine of Ashbacker Radio Corp. v. Federal Communications Commission, 1945, 326 U.S. 327, 66 S.Ct. 148, 90 L.Ed. 108, to hold a comparative hearing as between the applications made to it by appellant on the one hand and the intervenor (Mrs. Jane A. Roberts) on the other. The facts may be briefly stated.<...

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