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STEELE v. F.C.C.

No. 84-1176.

770 F.2d 1192 (1985)

James U. STEELE, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Dale Bell, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 1985.

Rehearing Granted October 31, 1985.

Attorney(s) appearing for the Case

Alan B. Kaufman, New York City, with whom Stuart A. Shorenstein, New York City, was on brief, for appellant.

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

Rudolph L. Ennis, Knoxville, Tenn., was on brief for intervenor Dale Bell.

Before TAMM, WALD and SCALIA, Circuit Judges.

Rehearing En Banc Granted October 31, 1985.*

Opinion for the court filed by Circuit Judge TAMM.

Dissenting opinion filed by Circuit Judge WALD.

TAMM, Circuit Judge:

The Federal Communications Commission (the "Commission") extends preferential treatment to female applicants for FM radio stations in comparative evaluation proceedings. Appellant James U. Steele contends that this policy discriminates on the basis of...

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