United States Federal Circuit

In a broadcaster's suit under the Tucker Act alleging that the FCC breached an implied-in-fact contract that arose as the result of an auction for an FM broadcast license, dismissal for lack of subject matter jurisdiction is affirmed where the District of Columbia Circuit has exclusive jurisdiction to adjudicate alleged rules violations in FCC licensing proceedings.

Appellate Information

• Decided 02/10/2009
• Published 02/10/2009

Judges

• DYK, Circuit Judge., Before BRYSON, PLAGER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald J. Evans, Fletcher, Heald & Hildreth, PLC, of Arlington, VA, argued for plaintiff-appellant.   Of counsel was Raymond J. Quianzon.


• For Appellees:
  
• Anuj Vohra, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for argued defendant-appellee.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.   Of counsel was Marla T. Conneely, Trial Attorney.   Of counsel on the brief was C. Grey Pash, Jr., Attorney, Office of the General Counsel, Federal Communications Commission, of Washington, DC.