358 U.S. 49
79 S.Ct. 94
3 L.Ed.2d 47
SANGAMON VALLEY TELEVISION CORPORATION, petitioner,
UNITED STATES of America, Federal Communications Commission, Signal Hill Telecasting Corporation, et al.
Supreme Court of the United States
October 20, 1958
Messrs. D. M. Patrick and E. Barrett Prettyman, Jr., for petitioner.
Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. Warren E. Baker and Richard A. Solomon, for the United States and Federal Communications Commission.
Messrs. Monroe Oppenheimer and James H. Heller, for respondent Signal Hill Telecasting Corporation.
Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, for respondents American Broadcasting-Paramount Theatres, Inc. and others.
On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit.
The petition for writ of certiorari is granted. In view of the representations in the 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 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 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' judgments and, therefore, dissent from this disposition of the matter by the Court.