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LONGSHORE v. U.S.

No. 95-5026.

77 F.3d 440 (1996)

Michael D. LONGSHORE, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 21, 1996.

Attorney(s) appearing for the Case

William E. Zimsky, Durango, Colorado, for plaintiffs-appellants.

John Carlton Erickson, III, Attorney, Commercial Litigation Branch, Department of Justice, Washington, DC, for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Also on the brief were Roberta Cook and S. Lee Martin, Attorneys, Office of General Counsel, Federal Communications Commission, Washington, DC, of counsel.

Before MICHEL, PLAGER, and RADER, Circuit Judges.

PLAGER, Circuit Judge.

This case presents a novel takings argument: that the application fee levied by Congress as the price of participating in the federal lottery for a cellular radio system license violates the Fifth Amendment's prohibition against taking of private property for public use without just compensation. Appellant Michael D. Longshore also argues that the fee violates the Constitution's Taxing Clause and imposes a wrongful exaction which he is entitled...

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