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AIRCRAFT OWNERS AND PILOTS ASS'N v. F. A. A.

No. 77-1904.

600 F.2d 965 (1979)

AIRCRAFT OWNERS AND PILOTS ASSOCIATION, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, WSET, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1979.

Rehearing Denied June 5, 1979.

Attorney(s) appearing for the Case

Charles J. Peters, Washington, D. C., with whom John S. Yodice, Washington, D. C., was on the brief, for petitioner.

Mark H. Gallant, Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Thomas J. Keller, Washington, D. C., was on the brief for intervenor.

Before BAZELON, TAMM and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Petitioner, Aircraft Owners and Pilots Association (AOPA), seeks direct review1 of a determination of the Federal Aviation Administration (FAA) that the proposed construction of a television antenna tower on a site near Thaxton, Virginia, would not constitute a hazard to air navigation. We find the informal adjudicatory procedures employed by the FAA created...

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