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WADECO, INC. v. F. C. C.

No. 78-1913.

628 F.2d 122 (1980)

WADECO, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Belo Broadcasting Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1980.

Rehearing Denied September 13, 1980.

Attorney(s) appearing for the Case

Forbes W. Blair, Washington, D. C., for appellant.

Roberta L. Cook, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Gregory M. Christopher, Counsel, F. C. C., Washington, D. C., were on the brief, for appellee.

William J. Dempsey, Washington, D. C., with whom Frederick H. Walton, Jr., and Christopher J. Reynolds, Washington, D. C., were on the brief, for intervenor.

Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and MIKVA, Circuit Judges.

Opinion for the court filed by Senior Circuit Judge LUMBARD.

Dissenting opinion filed by Circuit Judge MIKVA.

LUMBARD, Circuit Judge:

WADECO, Inc., petitions for review of a decision by the Federal Communications Commission, released August 24, 1978, that denied WADECO's application for a construction permit for a new television broadcast station on the ground that WADECO had misrepresented to the Commission, and withheld from it, significant information...

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