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CUMBERLAND BROADCASTING CORP. v. F. C. C.

No. 79-1927.

647 F.2d 1341 (1980)

CUMBERLAND BROADCASTING CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent, James C. Sliger, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1980.

Attorney(s) appearing for the Case

Lawrence J. Bernard, Jr., Washington, D. C. and C. Michael Norton, Gallatin, Tenn., for petitioner.

Gregory M. Christopher, counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel and Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., were on brief, Sheldon M. Guttmann, counsel, F. C. C., Washington, D. C., for respondent.

James K. Edmundson and Gerald P. McCartin, Arlington, Va., were on brief, for intervenor.

Before ROBINSON, WILKEY and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case raises the question whether the Federal Communications Commission's decision in Belo Broadcasting Corp. (WFAA-TV), 68 F.C.C.2d 1479 (1978), upheld by this court in WADECO, Inc. v. FCC, 628 F.2d 122 (D.C.Cir.1980) (2-1 decision), mandates disqualification whenever an applicant for a broadcast license acquiesces in improper...

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