HENRY v. F. C. C.

No. 16526.

302 F.2d 191 (1962)

Patrick HENRY et al., d/b as Suburban Broadcasters, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 29, 1962.

Attorney(s) appearing for the Case

Mr. Robert L. Heald, Washington, D. C., with whom Messrs. Edward F. Kenehan and Henry R. Goldstein, Washington, D. C., were on the brief, for appellants.

Mr. Daniel R. Ohlbaum, Asst. Gen. Counsel, Federal Communications Commission, with whom Messrs. Max D. Paglin, Gen. Counsel, Federal Communications Commission, and Ernest O. Eisenberg, Counsel, Federal Communications Commission, were on the brief, for appellee. Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Before BAZELON, BASTIAN and BURGER, Circuit Judges.

BAZELON, Circuit Judge.

Appellants, doing business as Suburban Broadcasters, filed the sole application for a permit to construct the first commercial F.M. station in Elizabeth, New Jersey.1 Although the Federal Communications Commission found Suburban legally, technically and financially qualified, it designated the application for hearing on the issues raised by the claim of Metropolitan Broadcasting Company, the licensee of WNEW in...

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