Legal Opinion
Michael D. Longshore, Individually and on Behalf of All Others Similarly Situated v. United States
Court of Appeals for the Federal Circuit
Decided February 21, 1996No. 95-5026PublishedCited by 20 opinions
1Opinion of the Court
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 to have refunded. The Court of Federal Claims dismissed his claims. He appeals.
BACKGROUND
This appeal is before us following the…
2Cases cited15 opinions
- United States v. TestanSupreme Court of the United States · 1976
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Donald A. Henke v. United StatesCourt of Appeals for the Federal Circuit · 1995
- National Broadcasting Co. v. United StatesSupreme Court of the United States · 1943
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3Cited by20 opinions
- United Pacific Insurance Company, Reliance Insurance Company, and Reliance National v. United StatesCourt of Appeals for the Federal Circuit · 2006
- American Telephone and Telegraph Company and Lucent Technologies, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2002
- American Telephone and Telegraph Company, and Lucent Technologies Inc., United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1999
- Figueroa v. United StatesUnited States Court of Federal Claims · 2003
- Suzanne M. Bartley v. United StatesCourt of Appeals for the Seventh Circuit · 1997
15 more not listed; retrieve them via the Exa API.