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McCLENDON v. JACKSON TELEVISION, INC.

No. 79-1141. Summary Calendar.

603 F.2d 1174 (1979)

B. B. McCLENDON, Jr., Plaintiff-Appellant, v. JACKSON TELEVISION, INC., and Federal Communications Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 4, 1979.

Attorney(s) appearing for the Case

Pat H. Scanlon, Jackson, Miss., for plaintiff-appellant.

Wise, Carter, Child, Steen & Caraway, J. Leray McNamara, W. McDonald Nichols, Jackson, Miss., for Jackson Television, Inc.

Joseph E. Brown, Jr., Asst. U. S. Atty., Robert E. Hauberg, U. Atty., Jackson, Miss., John P. Greenspan, Washington, D. C., for FCC.

Before BROWN, Chief Judge, KRAVITCH and JOHNSON, Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

This appeal concerns a failure to exhaust administrative remedies. Jackson Television, Inc., is one of several applicants for a new television station in Jackson, Mississippi. Until February 1, 1978, plaintiff B. B. McClendon was a shareholder, director, and officer of Jackson Television. On that date, he resigned his positions and transferred his stock to another owner. Jackson Television then petitioned the Federal Communications...

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