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  5. 73 N.Y.2d 766 (1988)
 

CONCERT RADIO, INC. v. GAF CORP.

73 N.Y.2d 766 (1988)

Concert Radio, Inc., Appellant-Respondent, v. GAF Corporation et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided November 29, 1988.

Attorney(s) appearing for the Case

Earle K. Moore, Michael R. Sonberg and Robert C. Shenfield for appellant-respondent.

Arthur L. Liman, Max Gitter and Clifford Peterson for respondent-appellant.

David M. Rice for Listeners' Guild, Inc., amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, without costs.

Plaintiff, a business corporation, was formed in 1975 to oppose a plan by Starr Broadcasting Group, Inc., then-owner of radio station WNCN, to convert the format of WNCN from classical to rock music. Plaintiff challenged Starr's application for renewal of its FCC license and, with...

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