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CHERRY v. F.C.C.

No. 10-1151.

641 F.3d 494 (2011)

Glenn CHERRY, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Scott Savage, Receiver for Tama Broadcasting, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 2011.

Attorney(s) appearing for the Case

Dennis J. Kelly argued the cause and filed the briefs for appellant.

Stewart Block , Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Austin C. Schlick , General Counsel, Peter Karanjia , Deputy General Counsel, and Richard K. Welch , Acting Associate General Counsel.

Mark J. Prak , Julia C. Ambrose , and Eric M. David were on the brief for intervenor.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

In September 2008, as part of a judicial foreclosure action brought against Tama Broadcasting, Inc. ("Tama") by its creditor, D.B. Zwirn Special Opportunities Fund, L.P. ("Zwirn"), the Supreme Court of the County of New York granted Zwirn's request for the appointment of a receiver to take control of Tama's assets. Pursuant to 47 U.S.C. § 310(d), the receiver then sought approval from the Federal Communications Commission ("FCC...

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