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PRAYZE FM v. F.C.C.

Docket No. 98-6246

214 F.3d 245 (2000)

PRAYZE FM, also known as Incom, L.L.C., Mark Blake and Loretta Spivey, Plaintiffs-Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2000

Attorney(s) appearing for the Case

Robert T. Perry, Center for Constitutional Rights, New York, N.Y. (Barbara J. Olshansky and William Goodman, Center for Constitutional Rights, and Richard S. Order, Robert R. Simpson, and Craig Lyle Perra, Updike, Kelly & Spellacy, P.C., Hartford, Conn., on the brief), for Plaintiffs-Appellants.

Jacob M. Lewis, Department of Justice, Civil Division, Washington, D.C. (Stephen C. Robinson, United States Attorney, and Alan M. Soloway, Assistant United States Attorney, New Haven, Conn.; David W. Ogden, Acting Assistant Attorney General, and Susan L. Pacholski, Attorney, Department of Justice, Civil Division, Washington, D.C., on the brief), for Defendant-Appellee.

Before: JACOBS, CALABRESI, and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiffs-appellants Prayze FM (also known as Incom, L.L.C.), Mark Blake, and Loretta Spivey (collectively, "Prayze") appeal from an order of the United States District Court for the District of Connecticut (Warren W. Eginton, J.), granting the motion of defendant-appellee Federal Communications Commission ("FCC") for a preliminary injunction barring Prayze FM, an unlicensed radio station, from broadcasting. We affirm.

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