United States DC Circuit

Plaintiff unsuccessfully challenged an FCC forfeiture order concerning its violation of the terms of an approved merger agreement, arguing the agreement violated Due Process requirements of the Fifth Amendment on the basis plaintiffs were not on fair notice of their required duties under the agreement.

Appellate Information

• Argued 03/29/2004
• Decided 07/06/2004
• Published 07/06/2004

Judges

• Before:  SENTELLE, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael K. Kellogg argued the cause for petitioner.   With him on the briefs were Colin S. Stretch, James D. Ellis, and Gary L. Phillips., Glenn B. Manishin argued the cause for intervenors.   With him on the brief was Stephanie A. Joyce.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Steven J. Mintz, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Rodger D. Citron and Suzanne M. Tetreault, Counsel.  Nancy C. Garrison, Attorney, U.S. Department of Justice, entered an appearance.