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NEW ORLEANS CHANNEL 20, INC. v. F.C.C.

No. 86-1384.

830 F.2d 361 (1987)

NEW ORLEANS CHANNEL 20, INC., et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 6, 1987.

Attorney(s) appearing for the Case

John E. Fiorini, III, with whom John R. Feore, Jr., Washington, D.C., was on brief, for appellants.

John P. Greenspan, Counsel, F.C.C., for appellee. Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and David Silberman, Counsel, F.C.C., were on brief, for appellee. Roberta L. Cook, Counsel, F.C.C., Washington, D.C., also entered an appearance for appellee.

Before SILBERMAN, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Appellants challenge an FCC decision terminating their right to construct and operate a new television station in New Orleans, Louisiana. The FCC awarded the construction permit in 1980. New Orleans Channel 20, Inc. ("NOC") obtained the permit by assignment in 1983. As of 1985, construction had yet to begin. NOC sought to transfer the permit to LeSea Broadcasting, Inc. ("LeSea")...

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