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STORER COMMUNICATIONS, INC. v. F.C.C.

Nos. 85-1246, 85-1257.

763 F.2d 436 (1985)

STORER COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Media Access Project, et al., the Committee For Full Value of Storer Communications, Inc., National Black Media Coalition, Intervenors. NATIONAL BLACK MEDIA COALITION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 1985.

Opinion Filed May 14, 1985.

As Amended May 14 and May 30, 1985.

Attorney(s) appearing for the Case

Arthur B. Goodkind, Washington, D.C., with whom Bernard Koteen and Mary M. Hendriksen, Washington, D.C., were on brief, for appellant, Storer Communications, Inc.

David Honig, was on brief, for Nat. Black Media Coalition.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Jack D. Smith, Gen. Counsel and C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., were on brief, for appellee.

Henry Geller, Washington, D.C., with whom Andrew Schwartzman and Robert M. Gurss, Washington, D.C., were on brief, for intervenors, Media Access Project, et al.

Douglas M. Kraus, New York City, with whom Stephen A. Sharp, and Mark E. Herlihy, Washington, D.C., were on brief, for intervenor, The Committee for Full Value of Storer Communications, Inc.

Robert M. Gurss, Washington, D.C., was on brief, for amicus curiae, NAACP, urging reversal.

Before TAMM, WALD and STARR, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM.

In a Memorandum Opinion and Order dated April 22, 1985, the Federal Communications Commission ("FCC" or "Commission") determined that, in the specific circumstances presented here where a committee of minority shareholders of Storer Communications, Inc. ("Storer") mounted a proxy contest with the purpose of replacing the existing board of directors, any resulting change in control would not constitute a "substantial change"...

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