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SOUTHERN INDIANA BROADCASTING, LTD. v. F.C.C.

No. 90-1492.

935 F.2d 1340 (1991)

SOUTHERN INDIANA BROADCASTING, LTD., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Posey County Broadcasting Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1991.

Attorney(s) appearing for the Case

James A. Kline, IV, with whom Donald J. Evans, Washington, D.C., was on the brief for appellant.

Roberta L. Cook, Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel, and Donald M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on the brief for appellee.

Harry C. Martin and Troy F. Tanner, Washington, D.C., entered appearances for intervenor.

Before EDWARDS, BUCKLEY, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Southern Indiana Broadcasting seeks review of a Federal Communications Commission order granting Posey County Broadcasting Company authority to construct a new FM broadcast station. Southern challenges the ALJ's refusal to admit certain deposition testimony and the Commission's decision that if the ALJ erred in this respect, the error was harmless. Southern also objects to the...

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