wirl television corp. v. united states, 358 u.s. 51 (1958)

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Filed: 1958-10-20Precedential Status: PrecedentialCitations: 358 U.S. 51, 79 S. Ct. 94, 3 L. Ed. 2d 47, 1958 U.S. LEXIS 1918Docket: 242Supreme Court Database id: 1958-008


  • 358 U.S. 5179 S.Ct. 94

    3 L.Ed.2d 47


    UNITED STATES of America, Federal CommunicationsCommission, Illiway Television, Inc., et al.

    No. 242.

    Supreme Court of the United StatesOctober 20, 1958

    Mr. Timothy W. Swain, for petitioner.

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

    2 Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, for respondentAmerican Broadcasting-Paramount Theatres, Inc.

    3 Mr. Jack P. Blume, for respondent West Central Broacasting Co.

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


    6 The petition for writ of certiorari is granted. The judgment of the Court ofAppeals is vacated and the case is remanded to the Court of Appeals forappropriate action in the light of the matter called to this Court's attention onpage 7 of the Solicitor General's brief in No. 235, supra.

    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 presentedby this petition. Agreeing with the Solicitor General that denial of the petitionfor writ of certiorari would not foreclose appropriate consideration thereof bythe Court of Appeals, we see no reason for vacating the Court of Appeals'judgments and, therefore, dissent from this disposition of the matter by theCourt.