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BERWICK v. F. C. C.

No. 15708.

286 F.2d 97 (1960)

J. Warren BERWICK, Harold Knox, R. B. McCall, Jr., and Louisiana National Bank of Baton Rouge, Executor of Estate of C. W. Lamar, Jr., d/b/a KTAG Associates, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Texas Goldcoast Television, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided November 23, 1960.

Attorney(s) appearing for the Case

Mr. Robert W. Coll, with whom Messrs. James A. McKenna, Jr., Vernon L. Wilkinson and Joseph M. Kittner, Washington, D. C., were on the brief, for appellant.

Mr. Max D. Paglin, Asst. General Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, General Counsel, Federal Communications Commission, and Joel Rosenbloom, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. John E. Stephen, Washington, D. C., for intervenor.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and BAZELON, Circuit Judges.

PER CURIAM.

The Federal Communications Commission granted, without a hearing, intervenor's application to modify its license. When a grant has been so made it remains subject to protest for a 30-day period, during which "any party in interest may file a protest under oath directed to such grant and request a hearing on said application so granted." 48 Stat. 1085, 47 U.S.C. § 309(c).1 Appellant filed a protest within 30 days, but it...

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