BILTMORE FOREST BROADCASTING FM, INC., Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 10, 2009.
February 10, 2009.
Attorney(s) appearing for the Case
Donald J. Evans, Fletcher, Heald & Hildreth, PLC, of Arlington, VA, argued for plaintiff-appellant. Of counsel was Raymond J. Quianzon.
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.
Before BRYSON, PLAGER, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
Biltmore Forest Broadcasting FM, Inc. ("Biltmore") brought suit under the Tucker Act, alleging that the Federal Communications Commission ("FCC" or "Commission") breached an implied-in-fact contract that arose as the result of an auction for an FM broadcast license. The FCC allegedly breached the contract by violating the rules relating to the auction. The Court of Federal Claims granted the United States...
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