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· 2/21/1996

Michael D. Longshore, Individually and on Behalf of All Others Similarly Situated v. United States

Citations

  • 77 F.3d 440
  • 2 Communications Reg. (P&F) 560
  • 1996 U.S. App. LEXIS 2583
  • 1996 WL 73998

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the payment of fees as a prerequisite to participating in a lottery for a radio cellular systems license was not a taking
  • holding that the fee to participate in a lottery for a cellular radio system license was not a tax because there was no privately owned asset to tax
  • the payment of fees as a prerequisite to participating in a lottery for a radio cellular systems license is not a taking
  • “[Plaintiff! does not claim that Congress has exceeded its constitutional authority to control and regulate access to the spectrum.”
  • where the Court found that the required payment of fees as a prerequisite to participating in a lottery for a radio cellular systems license is not a taking
  • “Congress has undoubted capacity to oversee the performance of Executive Branch agencies, consistent with its constitutional authority. It is not for this court to instruct Congress on how to oversee and manage its creations.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Plager, Rader

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.