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WHITE INDUSTRIES v. F. A. A.

No. 82-1047.

692 F.2d 532 (1982)

WHITE INDUSTRIES, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, and Southwest Radio Enterprises, Inc., Intervenor/Respondent and Golden East of Missouri, Inc., Intervenor/Respondent.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1982.

Rehearing Denied December 6, 1982.

Attorney(s) appearing for the Case

Julia F. Blakeslee, argued, Rich, Granoff, Levy & Gee, Kansas City, Mo., for intervenor/respondent Golden East of Missouri, Inc.; James S. Dillman O/A Deputy Asst. Chief Counsel, F.A.A., William J. Kanter, Deputy Director, Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C., on brief.

Edward A. McConwell, argued, Law Firm of Edward A. McConwell, Overland Park, Kan., for petitioner.

Before BRIGHT and ARNOLD, Circuit Judges, and MEREDITH, Senior District Judge.

MEREDITH, Senior District Judge.

Petitioner White Industries, Inc. ("White") appeals a determination of the Federal Aviation Administration (FAA) that a proposed radio tower to be constructed near Bates City, Missouri posed "no hazard" to air traffic. Because the FAA did not make sufficient factual findings to support its determination, we remand for an evidentiary hearing.

I.

On March 12, 1981, Southwest Radio Enterprises, Inc. ("Southwest") filed...

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