DESTINATION VENTURES, LTD. v. F.C.C.

No. 94-35295.

46 F.3d 54 (1995)

DESTINATION VENTURES, LTD., an Oregon corporation; Lutz Paralegal Services, Inc., a New York corporation; Porter Capital Corporation, a Delaware corporation; National Faxlist, a New Jersey sole proprietorship; James R. Lock, dba Lock Travel Service, Plaintiffs-Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, a federal agency; James H. Quello, in his capacity as Chairman of the FCC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1995.


Attorney(s) appearing for the Case

Charles F. Hinkle, Stoel Rives Boley Jones & Grey, Portland, OR, for plaintiffs-appellants.

Mark B. Stern, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges.


FLETCHER, Circuit Judge:

Destination Ventures, Inc., ("Destination") appeals the district court's dismissal of its action for failure to state a claim, 844 F.Supp. 632. It asserts a First Amendment challenge to a provision of the Telephone Consumer Protection Act of 1991 banning unsolicited faxes that contain advertisements. Destination contends that the district court erred in holding that it could not present facts to demonstrate...

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