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VERNAL ENTERPRISES, INC. v. F.C.C.

No. 02-1297.

355 F.3d 650 (2004)

VERNAL ENTERPRISES, INC. and Larry L. Schrecongost, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 2004.

Attorney(s) appearing for the Case

John M. Pelkey argued the cause and filed the briefs for petitioners. Larry L. Schrecongost entered an appearance.

Harry M. Wingo, Jr., Counsel, Federal Communications Commission, Robert H. Pate III, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Andrea Limmer, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel were on the brief for respondents. Jane E. Mago, Assistant General Counsel, C. Grey Pash, Jr., Counsel, and Adam D. Hirsh, Attorney, U.S. Department of Justice, entered appearances.

Before: EDWARDS, SENTELLE, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Petitioners Vernal Enterprises, Inc., and Larry L. Schrecongost, the company's President, seek review of an order of the Federal Communications Commission ("FCC" or "the Commission") denying their request for refund of a $2,335.00 filing fee paid in connection with a permit application for construction of a broadcast station. See Vernal Enter., Inc., 17 F.C.C.R. 14...

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