PACIFIC AND SOUTHERN COMPANY, Inc., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Webb, Inc., Howard C. Gilreath tr/as Radio Metter, Evelyn Whitford, and Wendell Hansen d/b/a Menomonie Broadcasting Co., Tuscola Broadcasting Company, Tri-W Broadcasting, Inc., Radio Olean, Inc., Techeland Broadcasting, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 18, 1968.
Decided December 10, 1968.
Attorney(s) appearing for the Case
Mr. Harry M. Plotkin, Washington, D. C., with whom Mr. Peter Tannenwald was on the brief, for appellant.
Mr. Joseph A. Marino, Counsel, Federal Communications Commission, for appellee. Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief for appellee. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for appellee.
Mr. John H. Midlen, Washington, D. C., with whom Mr. John L. Martin, Washington, D. C., was on the brief, for intervenor Menomonie Broadcasting Co., argued for all intervenors.
Messrs. James E. Greeley and Edward S. O'Neill, Washington, D. C., entered appearances for intervenor, Webb, Inc.
Mr. John H. Midlen, Washington, D. C., entered an appearance for intervenors, Howard C. Gilreath tr/as Radio Metter, Evelyn Whitford and Wendell Hansen d/b/a Menomonie Broadcasting Co., Tuscola Broadcasting Co. and Tri-W Broadcasting, Inc.
Messrs. James A. McKenna, Jr., and David S. Stevens, Washington, D. C., entered appearances for intervenors, Radio Olean, Inc., and Techeland Broadcasting, Inc.
Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
PER CURIAM:
The origins and background of this statutory review proceeding are fully set out in Judge Friendly's comprehensive opinion in WBEN, Inc. v. United States, 396 F.2d 601 (2d Cir.), cert. denied, 393 U.S. 914, 89 S.Ct. 240, 21 L.Ed.2d 200, (1968). That case sustained, as against a challenge in which appellant here participated, the validity of a rule promulgated by the Federal Communications Commission on June 28, 1967, in...
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