sangamon valley corp. v. united states, 358 u.s. 49 (1958)

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  • 8/17/2019 Sangamon Valley Corp. v. United States, 358 U.S. 49 (1958)

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    358 U.S. 49

    79 S.Ct. 94

    3 L.Ed.2d 47

    SANGAMON VALLEY TELEVISION CORPORATION,

    petitioner,v.

    UNITED STATES of America, Federal Communications

    Commission, Signal Hill Telecasting Corporation, et al.

     No. 235.

    Supreme Court of the United States

    October 20, 1958

    Messrs. D. M. Patrick and E. Barrett Prettyman, Jr., for petitioner.

    1 Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. WarrenE. Baker and Richard A. Solomon, for the United States and Federal

    Communications Commission.

    2 Messrs. Monroe Oppenheimer and James H. Heller, for respondent Signal Hill

    Telecasting Corporation.

    3 Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, for respondents

    American Broadcasting-Paramount Theatres, Inc. and others.

    4 On petition for writ of certiorari to the United States Court of Appeals for the

    District of Columbia Circuit.

    5 PER CURIAM.

    6 The petition for writ of certiorari is granted. In view of the representations inthe Solicitor General's brief on pages 7 and 8, concerning testimony given

     before the Subcommittee of Legislative Oversight of the House Committee on

    Interstate and Foreign Commerce subsequent to the decision by the Court of 

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    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.

    7 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 of the petitionfor writ of certiorari would not foreclose appropriate consideration thereof by

    the Court of Appeals, we see no reason for vacating the Court of Appeals'

     judgments and, therefore, dissent from this disposition of the matter by the

    Court.