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STEREO BROADCASTERS, INC. v. F. C. C.

No. 79-2412.

652 F.2d 1026 (1981)

STEREO BROADCASTERS, INC., Domino Broadcasting, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1981.

Attorney(s) appearing for the Case

Roy R. Russo, Washington, D. C., with whom N. Frank Wiggins, Washington, D. C., was on the brief, for appellants.

David Silberman, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Keith H. Fagan and L. Andrew Tollin, Counsel, F. C. C., Washington, D. C., were on the brief, for appellee.

Before TAMM and MIKVA, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

Opinion for the court filed by Circuit Judge TAMM.

Concurring opinion filed by Judge NICHOLS.

TAMM, Circuit Judge:

This is an appeal from the decision of the Federal Communications Commission to bar a proposed "distress sale" of a radio station license by Stereo Broadcasters, Inc., to a minority-controlled enterprise, Domino Broadcasting, Inc. Because we find that the Commission's decision was not arbitrary, capricious, or an abuse of discretion, we...

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