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MINER v. F. C. C.

No. 78-1903.

663 F.2d 152 (1980)

Julie P. MINER, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Robert B. McKenna, Jr., Boston, Mass., with whom Glen A. Wilkinson and Rosel H. Hyde, Washington, D.C., were on the brief, for appellant.

James R. Jamison, Jr., 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 the brief, for appellee.

Sheldon M. Guttmann, Counsel, F.C.C., Washington, D.C., entered an appearance for appellee.

Before LEVENTHAL, ROBB and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

This case concerns the mutually exclusive applications of Julie P. Miner and Albert L. Crain for permits to construct a new radio station in St. George, Utah. The Federal Communications Commission (FCC) granted Crain's application and denied Miner's. We reverse.

Appellant Julie P. Miner is the licensee of standard broadcast (i. e., AM) radio station KDXU in St. George, Utah, which...

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