HARVEY RADIO LABORATORIES, INC. v. UNITED STATES

No. 15522.

289 F.2d 458 (1961)

HARVEY RADIO LABORATORIES, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, WGN, Inc., Clear Channel Broadcasting Services, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided March 30, 1961.

Petition for Rehearing Denied April 21, 1961.


Attorney(s) appearing for the Case

Mr. Benedict P. Cottone, Washington, D. C., with whom Mr. Arthur Scheiner, Washington, D. C., was on the brief, for petitioner.

Mr. Max D. Paglin, now Gen. Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel of Federal Communications Commission at time brief was filed, Richard M. Zwolinski, Counsel, Federal Communications Commission, Richard A. Solomon, and Henry Geller, Attys., Dept. of Justice, were on the brief, for respondents.

Mr. Aloysius B. McCabe, Washington, D. C., with whom Messrs. Reed T. Rollo and R. Russell Eagan, Washington, D. C., were on the brief, submitted on the brief, for intervenors.

Before MAGRUDER, Senior Circuit Judge for First Circuit, and BAZELON and BURGER, Circuit Judges.


Petition for Rehearing En Banc Denied April 21, 1961.

BURGER, Circuit Judge.

Petitioner is an applicant for a station on a Class I-A radio frequency. The earliest predecessor of its frequently amended application was filed in 1951. Since that application sought permission to increase its power on a Canadian Class I-A frequency, it was held in abeyance pending ratification of the North American Regional Broadcast Agreement (NARBA). After amendment to a United...

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