HELENA TV, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
James G. EDMISTON, d/b/a Montana Microwave, Capital City Television, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 29, 1960.
Decided February 18, 1960.
Attorney(s) appearing for the Case
Mr. John P. Cole, Jr., Washington, D. C., with whom Mr. E. Stratford Smith, Washington, D. C., was on the brief, for appellant.
Mr. J. Philip Smith, Counsel, Federal Communications Commission, with whom Messrs. Edgar W. Holtz, Associate Gen. Counsel, Federal Communications Commission, Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, and Joel Rosenbloom, Counsel, Federal Communications Commission, were on the brief, for appellee.
Mr. John L. FitzGerald, Gen. Counsel, Federal Communications Commission, also entered an appearance for appellee.
Mr. Robert G. Seaks, Washington, D. C., with whom Mr. Edward K. Wheeler and Mrs. Fanney N. Litvin, Washington, D. C., were on the brief, for intervenor Capital City Television, Inc.
Messrs. Jeremiah Courtney and Arthur Blooston, Washington, D. C., entered appearances for intervenor James G. Edmiston, d/b/a Montana Microwave.
Before WILBUR K. MILLER, WASHINGTON and BASTIAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BASTIAN, Circuit Judge.
This case involves proceedings subsequent to our remand in Capital City Television, Inc. v. Federal Communications Commission, 269 F.2d 226, decided by this court on May 21, 1959. In that case, we held that the Commission had erred in deciding that a protest filed by appellant there (one of the intervenors here) did not meet the requirements of § 309(c) of the Communications Act, 70 Stat. 3, 47 U.S.C.A...
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