U.S. Court of Appeals for the D.C. Circuit, 1958

Beachview Broadcasting Corp. v. Federal Communications Commission

Beachview Broadcasting Corp. v. Federal Communications Commission
U.S. Court of Appeals for the D.C. Circuit · Decided October 22, 1958 · Bazelon
273 F.2d 76; 106 U.S. App. D.C. 341 (Federal Reporter, Second Series)

Beachview Broadcasting Corp. v. Federal Communications Commission

Opinion of the Court

PER CURIAM.

Upon consideration of appellant’s petition for a rehearing en banc, of appellee’s opposition, and of appellant’s supplement to the petition, it is

Ordered by the court that the petition for rehearing en banc be, and it is hereby, denied.

MILLER, Circuit Judge, would grant the petition for rehearing en banc.

BAZELON, Circuit Judge.

I vote to grant the petition for rehearing in banc in order to reconsider this court’s recent rulings which appear to render us powerless to restrain the Commission from employing shifting emphasis of comparative criteria obliterating any predictable pattern of decision.

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