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WANV, INC. v. AUGUSTA CTY. BROADCASTING CORP.

Civ. A. No. 75-0106.

414 F.Supp. 23 (1976)

WANV, INC., Plaintiff, v. AUGUSTA COUNTY BROADCASTING CORPORATION, Defendant.

United States District Court, W. D. Virginia.

April 7, 1976.

Attorney(s) appearing for the Case

Humes J. Franklin, Jr., Franklin & Franklin, Waynesboro, Va., for plaintiff.

Phillip C. Stone, Wharton, Aldhizer & Weaver, Harrisonburg, Va., T. C. Elder, Elder & Elder, Staunton, Va., for defendants.

DALTON, District Judge.

This is an action brought by WANV Radio Station located in Waynesboro, Virginia against the owner and operator of a nearby Radio Station, WTON. The defendant has filed a motion to dismiss pursuant to Federal Rule 12(b)(1) for lack of subject matter jurisdiction and Federal Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The sole question to be decided by this court is whether the plaintiff's cause of action "arises...

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