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TOWN OF DEERFIELD, N.Y. v. F.C.C.

No. 350, Docket 92-4081.

992 F.2d 420 (1993)

TOWN OF DEERFIELD, NEW YORK, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Joseph A. Carino, United States Satellite Broadcasting Company, Inc., Satellite Broadcasting & Communications Association of America, Hughes Network Systems, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Final Briefs Submitted November 23, 1992.

Decided April 27, 1993.

Attorney(s) appearing for the Case

Thomas P. Hughes, Utica, NY (Rossi, Murnane, Balzano & Hughes, on the brief), for petitioner.

John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, DC (Robert L. Pettit, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, James M. Carr, Counsel, Charles A. James, Acting Asst. Atty. Gen., Robert B. Nicholson, Marion L. Jetton, U.S. Dept. of Justice, on the brief), for respondents.

W. James MacNaughton, Woodbridge, NJ, for intervenor Joseph A. Carino.

Marvin Rosenberg, Washington, DC (Mania Baghdadi, Fletcher, Heald & Hildreth, of counsel), for intervenor U.S. Satellite Broadcasting Co., Inc.

Diane S. Killory, Washington, DC (Mary K. O'Connell, Morrison & Foerster, of counsel), for intervenor Satellite Broadcasting and Communications Ass'n of America.

F. Thomas Tuttle, Washington, DC (Blumenfeld & Cohen, of counsel), for intervenor Hughes Network Systems, Inc.

Before: KEARSE, MINER, and MAHONEY, Circuit Judges.

KEARSE, Circuit Judge:

This controversy, which centers on the installation by intervenor Joseph A. Carino of a satellite-dish antenna in his backyard in the Town of Deerfield, New York ("Deerfield"), in violation of a Deerfield zoning ordinance, returns to this Court following a sequence of state-court, federal-court, and administrative-agency adjudications. Petitioner Deerfield seeks review of an order of respondent Federal Communications Commission ("FCC" or "Commission...

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