BENDIX AVIATION CORP., BENDIX RADIO DIV. v. F. C. C.

Nos. 14650, 14693.

272 F.2d 533 (1959)

BENDIX AVIATION CORPORATION, BENDIX RADIO DIVISION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Aeronautical Radio, Inc., and Air Transport Association of America, Intervenors. AERONAUTICAL RADIO, INC., a corporation, et al., Petitioners, v. UNITED STATES of America, Federal Communications Commission, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided November 13, 1959.


Attorney(s) appearing for the Case

Mr. Daryal A. Myse, Washington, D. C., for appellant in No. 14650.

Mr. Joseph DuCoeur, Washington, D. C., with whom Messrs. Donald C. Beelar and John E. Stephen, Washington, D. C., were on the brief, for petitioners in No. 14693.

Mr. Max D. Paglin, Asst. General Counsel, Federal Communications Commission, with whom Mr. John L. Fitzgerald, General Counsel, Federal Communications Commission, and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee in No. 14650 and respondent Federal Communications Commission in No. 14693. Mr. John Conlin, Counsel, Federal Communications Commission, also entered an appearance for appellee in No. 14650 and respondent Federal Communications Commission in No. 14693. Mr. Richard A. Solomon, Attorney, Department of Justice, with whom Mr. Henry Geller, Attorney, Department of Justice, was on the brief, for respondent, United States of America, in No. 14693. Mr. Daniel M. Friedman, Attorney, Department of Justice, also entered an appearance for respondent, United States of America, in No. 14693.

Mr. Donald C. Beelar, Washington, D. C., with whom Messrs. Joseph DuCoeur and John E. Stephen, Washington, D. C., were on the brief, for intervenors in No. 14650.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.


DANAHER, Circuit Judge.

The Commission on April 16, 1958, adopted without prior notice, and on April 18, 1958, released, its Memorandum Opinion and Order1 effecting immediate changes in its Rules. Many bands of frequencies were reassigned, some to be reserved exclusively for Government use, some exclusively for non-Government use and others on a shared basis. We are here concerned with two such bands, one involving frequencies in the 420...

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