v. Federal Communications Commission, No. 349

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; CLARK
Citation79 S.Ct. 114,358 U.S. 55,3 L.Ed.2d 48
Docket NumberNo. 349
Decision Date27 October 1958
PartiesW O R Z., Inc., petitioner, v. FEDERAL COMMUNICATIONS COMMISSION

358 U.S. 55
79 S.Ct. 114
3 L.Ed.2d 48
W O R Z., Inc., petitioner,

v.

FEDERAL COMMUNICATIONS COMMISSION.

No. 349.

Supreme Court of the United States

October 27, 1958

Mr. Eliot C. Lovett, for petitioner.

Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. Charles H. Weston, John L. Fitzgerald and Richard A. Solomon, for Federal Communications Commission.

On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit.

PER CURIAM.

The petition for writ of certiorari is granted. In view of the representations in the Solicitor General's brief on pages 4 and 5, concerning testimony given before the Subcommittee on Legislative Oversight of the House Committee on Interstate and Foreign Commerce subsequent to the decision by the Court of Appeals in this case, the judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for such action as it may deem appropriate.

Mr. Justice CLARK and Mr. Justice HARLAN dissent. The matters referred to by the Court were not presented in the Court of Appeals and are not presented by this petition. Agreeing with the Solicitor General that denial

Page 56

of the petition for writ of certiorari would not foreclose appropriate consideration thereof by the Court of Appeals, we see no reason for vacating the Court of Appeals' judgment and, therefore, dissent from this disposition of the matter by the Court.

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21 practice notes
  • City of Angels Broadcasting, Inc. v. F.C.C., No. 83-1741
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • September 28, 1984
    ...Court's vacation and remand on an earlier decision in the same proceeding for consideration of ex parte contacts. See WORZ, Inc. v. FCC, 358 U.S. 55, 79 S.Ct. 114, 3 L.Ed.2d 48 (1958). In requiring that new applications be considered, we noted that "th[e] case had been beset throughout by a......
  • U.S. v. Tamayo, No. 93-5253
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 19, 1996
    ...minutes is the best evidence of the entry of a judgment and is preferred to a judicially signed judgment), cert. denied, 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104 12 The state judge's name is typed beneath the signature line on which a number appears, and the number also may refer to the st......
  • Williams v. State, No. CR76--7
    • United States
    • Supreme Court of Arkansas
    • May 3, 1976
    ...v. United States, 238 F.2d 460, 16 Alaska 502 (9 Cir., 1956); Shargaa v. State, 102 So.2d 814 (Fla., 1958), cert. den. 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104; State v. Cynkowski, 19 N.J.Super. 243, 88 A.2d 220 (1952), aff'd. 10 N.J. 571, 92 A.2d 782 (1952); People v. Morris, 260 Cal.App.......
  • State v. Fernandez, No. 3477
    • United States
    • Court of Appeal of Florida (US)
    • September 4, 1963
    ...with respect to the distinction between the instant case and Shargaa v. State, Fla.1958, 102 So.2d 814, cert. denied 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d In State v. Curtis, supra, we determined that an allegation of previous conviction of a lottery law violation was not merely a permissiv......
  • Request a trial to view additional results
21 cases
  • City of Angels Broadcasting, Inc. v. F.C.C., No. 83-1741
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • September 28, 1984
    ...Court's vacation and remand on an earlier decision in the same proceeding for consideration of ex parte contacts. See WORZ, Inc. v. FCC, 358 U.S. 55, 79 S.Ct. 114, 3 L.Ed.2d 48 (1958). In requiring that new applications be considered, we noted that "th[e] case had been beset throughout by a......
  • U.S. v. Tamayo, No. 93-5253
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 19, 1996
    ...minutes is the best evidence of the entry of a judgment and is preferred to a judicially signed judgment), cert. denied, 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104 12 The state judge's name is typed beneath the signature line on which a number appears, and the number also may refer to the st......
  • Williams v. State, No. CR76--7
    • United States
    • Supreme Court of Arkansas
    • May 3, 1976
    ...v. United States, 238 F.2d 460, 16 Alaska 502 (9 Cir., 1956); Shargaa v. State, 102 So.2d 814 (Fla., 1958), cert. den. 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104; State v. Cynkowski, 19 N.J.Super. 243, 88 A.2d 220 (1952), aff'd. 10 N.J. 571, 92 A.2d 782 (1952); People v. Morris, 260 Cal.App.......
  • State v. Fernandez, No. 3477
    • United States
    • Court of Appeal of Florida (US)
    • September 4, 1963
    ...with respect to the distinction between the instant case and Shargaa v. State, Fla.1958, 102 So.2d 814, cert. denied 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d In State v. Curtis, supra, we determined that an allegation of previous conviction of a lottery law violation was not merely a permissiv......
  • Request a trial to view additional results

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