INTERSTATE BROADCASTING COMPANY v. UNITED STATES

No. 15561.

286 F.2d 539 (1960)

INTERSTATE BROADCASTING COMPANY, Inc., Petitioner, v. UNITED STATES of America, and Federal Communications Commission, Respondents, Grossco, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 22, 1960.


Attorney(s) appearing for the Case

Messrs. Maurice M. Jansky and Carl H. Imlay, Washington, D. C., for petitioner. Mr. Philip G. Loucks, Washington, D. C., also entered an appearance for petitioner.

Mr. Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel, Federal Communications Commission, and Richard M. Zwolinski, Counsel, Federal Communications Commission, were on the brief, for respondent, Federal Communications Commission. Mr. Richard A. Solomon, Atty., Dept. of Justice, was on the brief, for respondent, United States of America.

Mr. Howard F. Roycroft, Washington, D. C., with whom Mr. Stanley S. Harris, Washington, D. C., was on the brief, for intervenor. Messrs. Lester Cohen and Parker D. Hancock, Washington, D. C., also entered appearances for intervenor.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.


BAZELON, Circuit Judge.

On July 29, 1959, the Federal Communications Commission consolidated for comparative hearing seven applications to establish radio broadcast stations in several New England communities on a frequency of 1550 kilocycles.1 Interstate Broadcasting Company, Inc. (WQXR) is licensed to operate in New York City on the adjacent frequency of 1560 kilocycles. After having objected to the Commission that a grant of a license...

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