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GARRETT v. F. C. C.

No. 73-1840.

513 F.2d 1056 (1975)

Leroy GARRETT, trading as Garrett Broadcasting Service (WEUP), Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1975.

Attorney(s) appearing for the Case

Nathaniel F. Emmons, Washington, D. C., with whom Eugene F. Mullin, Washington, D. C., was on the brief, for appellant.

Daniel M. Armstrong, Counsel, F. C. C., with whom John W. Pettit, Gen. Counsel, at the time the brief was filed, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., Washington, D. C., were on the brief for appellee.

Before McGOWAN and ROBINSON, Circuit Judges, and WEIGEL, United States District Judge for the Northern District of California.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This appeal emanates from the Federal Communications Commission's denial of an application seeking authority to construct facilities enabling a radio station to change from daytime-only to unlimited-time broadcasting. The reason for the denial was the Commission's view that the applicant was unable to fully comply with the Commission's rule...

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