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MULTI-STATE COMMUNICATIONS, INC. v. F. C. C.

No. 77-1440.

590 F.2d 1117 (1978)

MULTI-STATE COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RKO General, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 1978.

Rehearing Denied November 30, 1978.

Certiorari Denied March 19, 1979,

Attorney(s) appearing for the Case

Joseph M. Morrissey, Washington, D. C., for appellant.

Thomas R. King, Jr., Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, Washington, D. C., were on the brief, for appellee.

Harold David Cohen, J. Laurent Scharff and Jack N. Goodman, Washington, D. C., were on the brief, for intervenor.

Before BAZELON, Circuit Judge, TUTTLE, United States Senior Circuit Judge for the Fifth Circuit, and McGOWAN, Circuit Judge.

Opinion for the Court filed by TUTTLE, Senior Circuit Judge.

Dissenting opinion filed by BAZELON, Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an appeal from an order of the Federal Communications Commission (FCC) denying the application of the petitioner, Multi-State Communications, Inc., to construct a commercial broadcast television station in New York City. The Commission found that the petitioner was not financially qualified, as required...

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