SOUTHWESTERN OPERATING COMPANY v. F. C. C.

No. 19061.

351 F.2d 834 (1965)

SOUTHWESTERN OPERATING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, K-Six Television, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 27, 1965.


Attorney(s) appearing for the Case

Mr. David H. Lloyd, Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for appellant. Mr. William J. Potts, Jr., Washington, D. C., also entered an appearance for appellant.

Mr. Howard Jay Braun, Counsel, F. C. C., with whom Messrs. Henry Geller, Gen. Counsel, and John H. Conlin, Associate Gen. Counsel, F. C. C., were on the brief, for appellee. Messrs. Daniel R. Ohlbaum, Deputy Gen. Counsel, and Michael Finkelstein, Counsel, F. C. C., also entered appearances 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. Thomas N. Frohock, Washington, D. C., also entered an appearance for intervenor.

Before BAZELON, Chief Judge, BASTIAN, Senior Circuit Judge, and McGOWAN, Circuit Judge.


McGOWAN, Circuit Judge.

This appeal from an order of the Federal Communications Commission does not present us with the question of whether it was wrong for the Commission to authorize a second TV station in Laredo, Texas, at all, but only of whether it was wrong to do so without an evidentiary hearing. This issue is a narrow one, but its proper resolution is no less difficult on that account. The statutory standard to be applied is broadly phrased and, especially...

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