CARTER MOUNTAIN TRANSMISSION CORPORATION, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Joseph P. Ernst and Mildred V. Ernst d/b as Chief Washakie TV, Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 8, 1963.
Decided May 23, 1963.
As Amended June 26, 1963.
Petition for Rehearing Denied June 26, 1963.
Attorney(s) appearing for the Case
Mr. E. Stratford Smith, Washington, D. C., with whom Mr. Robert E. Conn, Washington, D. C., was on the brief, for appellant. Mr. Thomas G. Shack, Jr., Washington, D. C., also entered an appearance for appellant.
Mr. Daniel R. Ohlbaum, Assoc. Gen. Counsel, Federal Communications Commission, with whom Mr. Max D. Paglin, Gen. Counsel, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee.
Mr. Vernon L. Wilkinson, Washington, D. C., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for intervenor.
Mr. Robert D. L'Heureux, Washington, D. C., filed a brief on behalf of National Community Television Association, Inc., as amicus curiae, urging reversal.
Mr. Robert V. Cahill, Washington, D. C., filed a brief on behalf of National Association of Broadcasters, as amicus curiae, urging affirmance.
Before BAZELON, Chief Judge, and WILBUR K. MILLER and WASHINGTON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Petition for Rehearing En Banc Denied June 26, 1963.
WASHINGTON, Circuit Judge.
This is a telecommunications case, in which a challenge is made to the power of the Federal Communications Commission to refuse a grant to a common carrier by radio of facilities to be used by community antenna systems,1 because of the impact of the proposed grant upon an existing television station.
Carter Mountain Transmission Corporation...
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