McELROY ELECTRONICS CORP. v. F.C.C.

Nos. 95-1179, 95-1195, 95-1228, 95-1229 and 95-1307.

86 F.3d 248 (1996)

McELROY ELECTRONICS CORPORATION, et al., Appellants v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Metro Mobile CTS of Phoenix, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1996.

Rehearing Denied August 19, 1996.


Attorney(s) appearing for the Case

Louis Gurman argued the cause, for appellants, with whom William D. Silva, Theresa Fenelon, Anne P. Jones, David A. Gross and Lawrence Roberts, Washington, DC, were on the briefs.

Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause, Washington, DC, for appellee, with whom William E. Kennard, General Counsel, and Daniel M. Armstrong, Associate General Counsel, were on the brief. John E. Ingle, Deputy Associate General Counsel, entered an appearance.

Eliot J. Greenwald, argued the cause and filed the brief, Washington, DC, for intervenors, with whom David J. Kaufman and Donald J. Evans, were on the brief. Douglas I. Brandon, Ray M. Senkowski, Anne P. Jones, David A. Gross, Theresa Fenelon, Richard B. Beckner, Stuart F. Feldstein, Lawrence Roberts, Frances J. Chetwynd and James F. Ireland, III, entered appearances.

Before: BUCKLEY, WILLIAMS and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In McElroy Electronics Corp. v. FCC, 990 F.2d 1351 (D.C.Cir.1993) ("McElroy I"), the court ordered the Federal Communications Commission ("Commission") to reinstate nunc pro tunc appellants' applications for licenses to provide cellular telephone service in Los Angeles and Minneapolis....

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