Wirl Television Corporation v. United States/Opinion of the Court

Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. Warren E. Baker and Richard A. Solomon, for the United States and Federal Communications Commission.

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

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

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

PER CURIAM.

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

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.