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CENTRAL TELEVISION, INC. v. F.C.C.

No. 86-1471.

834 F.2d 186 (1987)

CENTRAL TELEVISION, INC. and WTWV, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Beam Broadcasters, Ltd., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1987.

Attorney(s) appearing for the Case

William J. Byrnes, for appellants. Henry A. Solomon and James E. Dunstan were on the brief, for appellants. Michael H. Bader, Washington, D.C., also entered an appearance, for appellants.

Gregory M. Christopher, Counsel, F.C.C., with whom Diane S. Killory, General Counsel and Daniel M. Armstrong, Associate General Counsel, F.C.C. were on the brief for appellee. C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., also entered an appearance for appellee.

Peter A. Rohrbach, Washington, D.C., entered an appearance, for intervenor.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

On September 12, 1984, Central Television, Inc. (Central)1 reached a settlement agreement with Broadcasters of Mississippi, Inc. (Broadcasters). Central agreed to dismiss its appeal of a Federal Communications Commission (FCC) decision granting Broadcasters a television channel in Laurel, Mississippi. In turn, Broadcasters was to

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