Supreme Court of the United States January 29, 1940, 316 (Fly v. Heitmeyer)

Mr. Justice Frankfurter

delivered the opinion of the Court.

On March 25, 1935, Heitmeyer, respondent here, applied for a permit from the Federal Communications Commission under § 319 of the Communications Act of 1934, c. 652, 48 Stat. 1089, 47 U. S. C. 319, to construct a broadcasting station at Cheyenne, Wyoming”. His application and a competing one were heard by an examiner.