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LISTENERS' GUILD, INC. v. F.C.C.

Nos. 84-1627, 85-1250.

813 F.2d 465 (1987)

LISTENERS' GUILD, INC. and Classical Radio for Connecticut, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, GAF Broadcasting Company, Inc., Intervenor. (Two Cases)

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 1987.

Attorney(s) appearing for the Case

Barbara A. Lee, with whom David M. Rice, New York City, was on the brief for appellants.

C. Grey Pash, Jr., Counsel, F.C.C., with whom Jack D. Smith, General Counsel, Daniel M. Armstrong, Associate General Counsel and Sue Ann Preskill, Counsel, F.C.C. were on the brief, for appellee. Linda L. Oliver, Counsel, Washington, D.C., F.C.C. entered an appearance for appellee.

Victor E. Ferrall, Jr., John T. Scott, III and David H. Solomon, Washington, D.C., were on the brief, for intervenor.

Before WALD, Chief Judge, and STARR and DAVIS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

These consolidated cases bring before us a challenge to the renewal of GAF Broadcasting Company's license to operate radio station WNCN-FM, New York, New York. The attack is mounted by Listeners' Guild, Inc. and Classical Radio for Connecticut, Inc., two groups whose members are listeners residing in WNCN's service area. The Commission denied the groups' request for a hearing with respect...

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