JACKSON BROADCASTING & TELEVISION CORP. v. F. C. C.

No. 15306.

280 F.2d 676 (1960)

JACKSON BROADCASTING & TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Board of Trustees of Michigan State University of Agriculture and Applied Science, Television Corporation of Michigan, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 16, 1960.


Attorney(s) appearing for the Case

Mr. Robert M. Booth, Jr., Washington, D. C., for appellant.

Mr. James T. Brennan, Jr., Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel, Federal Communications Commission, and Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, were on the brief, for appellee. Mr. Richard M. Zwolinski, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Leland W. Carr, Jr., Lansing, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, for intervenor Bd. of Trustees of Mich. State University of Agriculture and Applied Science. Mr. Maurice R. Barnes, Washington, D. C., was on the brief for intervenor Bd. of Trustees of Mich. State University of Agriculture and Applied Science.

Mr. Leo Resnick, Washington, D. C., for intervenor Television Corp. of Mich., Inc.

Before PRETTYMAN, Chief Judge, and BASTIAN and BURGER, Circuit Judges.


BURGER, Circuit Judge.

In January 1954, the Federal Communications Commission assigned VHF television Channel 10 to the cities of Parma, Michigan, and Onondaga, Michigan, in combination.1 Five broadcasting corporations applied for the channel, two of them (intervenors) seeking it on a sharetime basis. After appropriate hearings, the Commission awarded the channel to intervenors.2 Only the appellant, Jackson...

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