even the probability of an administrative denial of relief is not enough to excuse failure to exhaust on ground of futility
How later courts described this case
- even the probability of an administrative denial of relief is not enough to excuse failure to exhaust on ground of futility
Written by the judges who cited it.
The opinion
FAHY, Circuit Judge
(concurring):
In concurring in the court’s opinion I add that in my view Spanish International Broadcasting Co., appellant, comes within the classification of “known parties in interest” entitled under 47 U.S.C. § 309 (e) to have participated in the hearing; but for the reasons set forth in the opinion of the court, based on appellant’s failure to initiate steps available to it to gain such participation in a reasonably timely fashion, I do not think the error of the Commission entitled appellant in the circumstances to the relief it seeks in this court.