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FLORIDA CELLULAR MOBIL COMMUNICATIONS v. F.C.C.

No. 92-1664.

28 F.3d 191 (1994)

FLORIDA CELLULAR MOBIL COMMUNICATIONS CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Wendy C. Coleman, Doing Business As WCC Cellular; JAJ Cellular, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 1994.

Rehearing and Suggestion for Rehearing Denied September 28, 1994.

Attorney(s) appearing for the Case

Michael D. Sullivan, argued the cause for appellant. With him on the briefs was Gary Bellow.

Daniel M. Armstrong, Associate Gen. Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were William E. Kennard, Gen. Counsel, Jane E. Mago, Asst. Gen. Counsel, and John P. Greenspan, Counsel, F.C.C. John E. Ingle, Deputy Associate Gen. Counsel, and Roberta L. Cook, Counsel, F.C.C., entered an appearance.

John D. Seiver, argued the cause for intervenor Wendy C. Coleman. With him on the brief was James F. Ireland, III.

Harry F. Cole, entered an appearance for intervenor JAJ Cellular.

Before: MIKVA, Chief Judge, SENTELLE, Circuit Judge, and MacKINNON, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing In Banc Denied September 28, 1994.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

Florida Cellular Mobil Communications Corporation ("Florida Cellular") appeals from decisions of the Federal Communications Commission ("Commission" or "FCC") that dismissed the company's application for a license to construct and operate a cellular communications system in southern...

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