340 F.2d 781 (D.C. Cir. 1964), 18296, Jefferson Radio Co. v. F.C.C.

Docket Nº:18296, 18297.
Citation:340 F.2d 781
Party Name:JEFFERSON RADIO COMPANY, Inc., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, W. D. Frink, t/a Jefferson Radio Company, Permittee of Station WIXI, Irondale, Alabama, Intervenor. JEFFERSON RADIO COMPANY, Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, W. D. Frink, t/a Jefferson Radio Comp
Case Date:July 30, 1964
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 781

340 F.2d 781 (D.C. Cir. 1964)

JEFFERSON RADIO COMPANY, Inc., Appellant,

v.

FEDERAL COMMUNICATIONS COMMISSION, Appellee, W. D. Frink, t/a Jefferson Radio Company, Permittee of Station WIXI, Irondale, Alabama, Intervenor.

JEFFERSON RADIO COMPANY, Inc., Petitioner,

v.

FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, W. D. Frink, t/a Jefferson Radio Company, Permittee of Station WIXI, Irondale, Alabama, Intervenor.

Nos. 18296, 18297.

United States Court of Appeals, District of Columbia Circuit.

July 30, 1964

Argued June 19, 1964.

Mr. Russell Rowell, Washington, D.C., with whom Mr. Henry R. Goldstein, Washington, D.C., was on the brief, for appellant-petitioner.

Mr. Marvin Rosenberg, Washington, D.C., also entered an appearance for appellant-petitioner.

Mr. Michael Finkelstein, Counsel, Federal Communications Commission, with whom Mr. Max D. Paglin, Gen. Counsel, Federal Communications Commission at the time the brief was filed, and Mr. Daniel R. Ohlbaum, Associate Gen. Counsel, Federal Communications Commission, were on the brief, for appellee-respondents.

Mr. Henry Geller, Gen. Counsel, and Mrs. Ruth V. Reel, Atty., Federal Communications Commission, also entered appearances for appellee-respondents.

Mr. Maurice R. Barnes, Washington, D.C., entered an appearance for intervenor

Page 782

W. D. Frink, t/a Jefferson Radio Co., Permittee of Station WIXI, Irondale, Alabama.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge:

This appeal and petition for review involve a dismissal by the Federal Communications Commission of an application for assignment of a construction permit filed by the appellant-assignee.

In 1956, mutually exclusive proposals for a construction permit for a standard broadcast station were submitted by W. D. Frink, t/a Jefferson Radio Company, intervenor, and Bessemer Broadcasting Company, Inc., controlled by one Dorsey E. Newman. Following extensive hearings and proceedings before the Commission and a remand to the hearing examiner for further hearing, the applicants agreed to resolve their differences and merge their interests.

On December 19, 1959, an agreement was entered into by the two parties, providing in pertinent part that in return for an option to secure a one-half interest in Frink's proposed station at Irondale, Alabama (WIXI), Bessemer would dismiss its conflicting application. The agreement further provided for the disposal by Bessemer...

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