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  5. 984 F.2d 1220 (1993)
 

WEYBURN BROADCASTING LTD. PARTNERSHIP v. F.C.C.

Nos. 91-1378, 91-1383, 91-1405 and 91-1411.

984 F.2d 1220 (1993)

WEYBURN BROADCASTING LIMITED PARTNERSHIP, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, James River Communications Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1993.

Rehearing Denied April 13, 1993.

Attorney(s) appearing for the Case

Lauren A. Colby, Frederick, MD, with whom Morton L. Berfield, John J. Schauble, Eric S. Kravetz, Robert J. Rini, and Michael E. Beller, Washington, DC, were on the joint brief, for appellants. Morton L. Berfield and John J. Schauble, Washington, DC, also filed a separate brief for appellant Weyburn Broadcasting Limited Partnership in No. 91-1378.

Roberta L. Cook, Counsel, with whom Robert L. Pettit, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, Federal Communications Com'n, Washington, DC, were on the brief, for appellee.

Richard J. Bodorff and Diane Zipursky, Washington, DC, entered an appearance for intervenor James River Communications Corp.

Before MIKVA, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Chief Judge MIKVA.

SENTELLE, Circuit Judge:

Appellants Weyburn Broadcasting Limited Partnership ("Weyburn"), Barbara B. Benns ("Benns"), Future Broadcast Limited Partnership ("Future") and WKIE-FM, Inc. ("WKIE") seek review of a Federal Communications Commission ("FCC" or "Commission") decision granting a construction permit for a new FM radio station on Channel 266A...

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