Worz, Inc. v. FCC, No. 13996.

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtFAHY, WASHINGTON and DANAHER, Circuit
Citation268 F.2d 889,106 US App. DC 14
Docket NumberNo. 13996.
Decision Date21 May 1959
PartiesWORZ, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mid-Florida Television Corporation, Intervenor.

106 US App. DC 14, 268 F.2d 889 (1959)

WORZ, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Mid-Florida Television Corporation, Intervenor.

No. 13996.

United States Court of Appeals District of Columbia Circuit.

Argued March 26, 1959.

Decided May 21, 1959.

Petition for Rehearing Denied June 5, 1959.


Mr. Eliot C. Lovett, Washington, D. C., for appellant.

Mr. John H. Conlin, Counsel, Federal Communications Commission, with whom Messrs. Edgar W. Holtz, Associate Gen. Counsel, Federal Communications Commission, and Richard A. Solomon, Asst. Gen. Counsel, Federal Communications Commission, at the time the brief was filed, were on the brief, for appellee.

Messrs. Max D. Paglin, Asst. Gen. Counsel, Federal Communications Commission, Richard M. Zwolinski and Jerry M. Hamovit, Counsel, Federal Communications Commission, also entered appearances for appellee.

Mr. Paul Dobin, Washington, D. C., with whom Mr. Leonard H. Marks, Washington, D. C., was on the brief, for intervenor.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

Petition for Rehearing in Banc Denied June 5, 1959.

FAHY, Circuit Judge.

In WORZ, Inc. v. F.C.C., 103 U.S.App. D.C. 195, 257 F.2d 199, we affirmed an order of the Commission granting the application of Mid-Florida Television Corp. for a construction permit for television channel 9 in Orlando, Florida. The order of the Commission had denied the mutually exclusive application of WORZ, Inc. The latter petitioned the Supreme Court for writ of certiorari to review our decision. On October 27, 1958, certiorari was granted. Simultaneously, in view of representations in the Solicitor General's brief on behalf of the Commission concerning testimony before the Subcommittee on Legislative Oversight of the House Committee on Interstate and Foreign Commerce subsequent to our decision, the Supreme Court ordered that the judgment of this court be vacated and remanded the cause to

268 F.2d 890
this court for such action as we may deem appropriate.1 358 U.S. 55, 79 S.Ct. 114, 3 L.Ed.2d 48

It appears from the testimony before the Subcommittee on Legislative Oversight that while the case was pending before the Commission certain ex parte representations were made to a member of the Commission regarding the qualifications of one of the applicants. The Commission has completed an inquiry of its own regarding the matter and in a Supplemental Memorandum filed with this court advises that it believes a further evidential hearing should be held along...

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11 practice notes
  • Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority, No. 81-2135
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 11 Junio 1982
    ...denied, 434 U.S. 829, 98 S.Ct. 111, 54 L.Ed.2d 89 (1977); United Air Lines v. CAB, 309 F.2d 238, 240-41 (D.C.Cir.1962); WORZ, Inc. v. FCC, 268 F.2d 889, 890 (D.C.Cir.1959). 31 In enforcing this standard, a court must consider whether, as a result of improper ex parte communications, the age......
  • Xiao Xing Ni v. Gonzales, Docket No. 04-0042-AG.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 12 Julio 2007
    ...own affairs. Id. at 43, 111 S.Ct. 2123. In Massachusetts Bay Telecasters, Inc. v. FCC, 261 F.2d 55 (D.C.Cir. 1958), and WORZ, Inc. v. FCC, 268 F.2d 889 (D.C.Cir.1959), the Court of Appeals for the District of Columbia took judicial notice of congressional testimony that caused the Court to ......
  • Neisloss v. Bush, No. 15774.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 8 Junio 1961
    ...Federal Communications Comm., 1958, 103 U.S.App.D.C. 324, 258 F.2d 418; WORZ, Inc. v. Federal Communications Comm., 106 U.S.App.D.C. 14, 268 F.2d 889, mandamus denied 1959, 361 U.S. 805, 80 S.Ct. 104, 4 L.Ed.2d 56. This court has likewise ordered remands in similar circumstances in Massachu......
  • Consolidated Nine, Inc. v. FCC, No. 20961
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 3 Septiembre 1968
    ...also provided that "in the discretion of the Commission existing services may be maintained." WORZ, Inc. v. FCC, 106 U.S. App.D.C. 14, 15, 268 F.2d 889, 890, cert. denied, 361 U.S. 805, 80 S.Ct. 104, 4 L.Ed.2d 56 (1959). By this time, Mid-Florida had begun to broadcast on channel 9 and the ......
  • Request a trial to view additional results
11 cases
  • Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority, No. 81-2135
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 11 Junio 1982
    ...denied, 434 U.S. 829, 98 S.Ct. 111, 54 L.Ed.2d 89 (1977); United Air Lines v. CAB, 309 F.2d 238, 240-41 (D.C.Cir.1962); WORZ, Inc. v. FCC, 268 F.2d 889, 890 (D.C.Cir.1959). 31 In enforcing this standard, a court must consider whether, as a result of improper ex parte communications, the age......
  • Xiao Xing Ni v. Gonzales, Docket No. 04-0042-AG.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 12 Julio 2007
    ...own affairs. Id. at 43, 111 S.Ct. 2123. In Massachusetts Bay Telecasters, Inc. v. FCC, 261 F.2d 55 (D.C.Cir. 1958), and WORZ, Inc. v. FCC, 268 F.2d 889 (D.C.Cir.1959), the Court of Appeals for the District of Columbia took judicial notice of congressional testimony that caused the Court to ......
  • Neisloss v. Bush, No. 15774.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 8 Junio 1961
    ...Federal Communications Comm., 1958, 103 U.S.App.D.C. 324, 258 F.2d 418; WORZ, Inc. v. Federal Communications Comm., 106 U.S.App.D.C. 14, 268 F.2d 889, mandamus denied 1959, 361 U.S. 805, 80 S.Ct. 104, 4 L.Ed.2d 56. This court has likewise ordered remands in similar circumstances in Massachu......
  • Consolidated Nine, Inc. v. FCC, No. 20961
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 3 Septiembre 1968
    ...also provided that "in the discretion of the Commission existing services may be maintained." WORZ, Inc. v. FCC, 106 U.S. App.D.C. 14, 15, 268 F.2d 889, 890, cert. denied, 361 U.S. 805, 80 S.Ct. 104, 4 L.Ed.2d 56 (1959). By this time, Mid-Florida had begun to broadcast on channel 9 and the ......
  • Request a trial to view additional results

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