DEEP SOUTH BROADCASTING COMPANY, a corporation, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
The Broadcasting Company of the South, Capital Broadcasting Company, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 5, 1960.
Decided April 14, 1960.
Attorney(s) appearing for the Case
Mr. Charles S. Rhyne, Washington, D. C., with whom Messrs. Eugene F. Mullin, Jr., and Charles A. Dukes, Jr., Washington, D. C., were on the brief, for appellant.
Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, with whom Messrs. Edgar W. Holtz, Associate General Counsel, Federal Communications Commission, Max D. Paglin, Asst. General Counsel, Federal Communications Commission, and James T. Brennan, Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. John L. FitzGerald, General Counsel, Federal Communications Commission, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered appearances for appellee.
Mr. Vincent A. Pepper, Washington, D. C., with whom Mr. Donald P. MacDonald, Washington, D. C., was on the brief, for intervenor Capitol Broadcasting Company.
Messrs. Thomas H. Wall and John A. Rafter, Washington, D. C., were on the brief for intervenor, The Broadcasting Company of the South. Messrs. William P. Sims, Jr., and Francis X. McDonough, Washington, D. C., also entered appearances for intervenor, The Broadcasting Company of the South.
Before EDGERTON, BAZELON and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Circuit Judge.
Appellant, Deep South Broadcasting Company, has a construction permit for a new commercial television station at Selma, Alabama. This appeal is from a decision of the Federal Communications Commission released September 8, 1958, which denied appellant's application for modification of the construction permit in respect to power, antenna height, and antenna location; also from the Commission's memorandum opinion and order released June 12, 1959...
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