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ORANGE PARK FLORIDA T.V., INC. v. F.C.C.

No. 85-1816.

811 F.2d 664 (1987)

ORANGE PARK FLORIDA T.V., INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Clay Television, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 1987.

As Amended February 13, 1987.

Attorney(s) appearing for the Case

John R. Feore, Jr., with whom Alan C. Campbell, Washington, D.C., was on brief, for appellant. Christopher C. Smallwood, Washington, D.C., entered an appearance for appellant.

Jane E. Mago, Counsel, Federal Communications Commission, Washington, D.C., for respondent. Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel and Gregory M. Christopher, Counsel, Federal Communications Commission, Washington, D.C., were on brief, for respondent.

Thomas L. Root, Washington, D.C., was on brief, for intervenor.

Before STARR and BUCKLEY, Circuit Judges, and ROBINSON, Chief Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

Orange Park Florida T.V., Inc. appeals a decision by the Federal Communications Commission denying its application for a construction permit to construct a UHF television station and granting the competing application of the intervenor, Clay Television, Inc. Orange Park challenges the denial of its application as arbitrary and capricious and the award to Clay as contradictory of Commission...

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