United States Federal Circuit

Dismissal of plaintiff's claim for breach of contract and unconstitutional takings, pertaining to the issuance of telecommunications licenses, is affirmed where the Court of Federal Claims lacks subject-matter jurisdiction, as decisions ancillary to the licensing power of the FCC fall within the exclusive jurisdiction of the United States Court of Appeals for the District of Columbia Circuit pursuant to U.S.C. section 402(b).

Appellate Information

• Decided 08/16/2004
• Published 08/16/2004

Judges

• SCHALL, Circuit Judge., Before SCHALL, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Talbot D'Alemberte, of Tallahassee, FL, argued for plaintiffs-appellants.   On the brief was Russell D. Lukas, Lukas, Nace, Gutierrez & Sachs, Chartered, of Washington, DC.


• For Appellees:
  
• Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief were Susan L. Launer and Roberta L. Cook, Attorneys, Federal Communications Commission, of Washington, DC.