Globesat Express, Appellant, v. Federal Communications Commission, Appellee,american Mobile Satellite Corporation, et al., Intervenors, 953 F.2d 688 (D.C. Cir. 1992)
Annotate this CaseBefore MIKVA, Chief Judge, and KAREN LECRAFT HENDERSON and RANDOLPH, Circuit Judges.
ORDER
PER CURIAM
Upon consideration of the motion to dismiss and the opposition thereto, and the motion for stay pending agency and judicial review and the oppositions thereto, it is
ORDERED that the motion to dismiss be granted. Appellant's petition for agency reconsideration, filed simultaneously with its appeal to this court, rendered the FCC's August 2, 1991 Tentative Decision nonfinal for purposes of judicial review. See United Transp. Union v. ICC, 871 F.2d 1114, 1116-18 (D.C. Cir. 1989); cf. American Mining Congress v. EPA, 907 F.2d 1179, 1185 (D.C. Cir. 1990). It is
FURTHER ORDERED that the motion for stay be dismissed as moot.
The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.
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