BROWN TELECASTERS, INC. v. F.C.C.

No. 15644.

289 F.2d 868 (1961)

BROWN TELECASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Television Broadcasters, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 16, 1961.

Petition for Rehearing Denied June 12, 1961.

Petition for Rehearing Denied June 14, 1961.


Attorney(s) appearing for the Case

Mr. Henry B. Weaver, Jr., Washington, D. C., with whom Messrs. Quinn O'Connell and Armistead W. Gilliam, Jr., Washington, D. C., were on the brief, for appellant.

Mr. J. Philip Smith, Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, General Counsel, Federal Communications Commission, Max D. Paglin, Assistant General Counsel, Federal Communications Commission, Joel Rosenbloom and Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, were on the brief, for appellee.

Mr. David S. Stevens, Washington, D. C., of the bar of the Supreme Court of New Hampshire, pro hac vice, by special leave of court, with whom Messrs. James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the brief, for intervenor.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.


Petition for Rehearing En Banc Denied June 12, 1961.

Petition for Rehearing Before the Division Denied June 14, 1961.

WASHINGTON, Circuit Judge.

This case arises upon an appeal from an order of the Federal Communications Commission awarding a construction permit for a commercial VHF television station on Channel 12 in Beaumont, Texas, to Television Broadcasters, Inc., and denying the mutually exclusive application of Brown Telecasters, Inc., appellant...

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