CAL. ASS'N OF PHYSICALLY HANDICAPPED v. F.C.C.

No. 84-1170.

778 F.2d 823 (1985)

CALIFORNIA ASSOCIATION OF the PHYSICALLY HANDICAPPED, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Metromedia, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1985.


Attorney(s) appearing for the Case

Stanley Fleishman, with whom Larry J. Roberts, David Grosz, Los Angeles, Cal., Charles D. Goldman, Washington, D.C., and Robert Lind, Los Angeles, Cal., were on brief, for appellant.

C. Grey Pash, Jr., Atty., F.C.C., Washington, D.C., for appellee. J. Paul McGrath, Asst. Atty. Gen., Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., John J. Powers, III, Margaret G. Halpern, Attys., Dept. of Justice and Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., were on brief for appellee. Bruce E. Fein and Gerald M. Goldstein, Attys., F.C.C., Washington, D.C., also entered appearances for appellee.

Thomas J. Dougherty, with whom Preston R. Padden and Gene P. Belardi, Washington, D.C., were on brief for intervenor, Metromedia, Inc.

Before WALD, GINSBURG and BORK, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge WALD.

GINSBURG, Circuit Judge.

The Federal Communications Commission (Commission or FCC), in an order released April 10, 1984,1 granted the "short form" applications of Metromedia, Inc., to transfer over fifty percent of its stock from public shareholders, none of whom held as much as five percent, to John W. Kluge, Metromedia...

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