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BILTMORE FOREST BROADCASTING FM, INC. v. F.C.C.

No. 01-1392.

321 F.3d 155 (2003)

BILTMORE FOREST BROADCASTING FM, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Liberty Productions L.P. and Orion Communications, Ltd., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2003.

Rehearing and Rehearing Denied April 10, 2003.

Attorney(s) appearing for the Case

Donald J. Evans argued the cause for appellant. With him on the briefs was Anne Goodwin Crump.

Stephen C. Leckar argued the cause and filed the briefs for intervenor Orion Communications, Ltd.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Jane E. Mago, General Counsel, and C. Grey Pash, Jr., Counsel.

Timothy K. Brady was on the brief for intervenor Liberty Productions L.P.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 10, 2003.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Biltmore Forest Broadcasting FM, Inc. appeals an order of the Federal Communications Commission awarding an FM radio station license to intervenor Liberty Productions L.P., which was the high bidder in the auction of that license. Biltmore and intervenor Orion Communications, Ltd., each of which also bid, claim that Liberty...

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