Biltmore Forest Broadcasting Fm, Inc. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
Biltmore Forest Broadcasting FM, Inc. (“Biltmore”) brought suit under the Tucker Act, alleging that the Federal Communications Commission (“FCC” or “Commis sion”) 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’s motion to dismiss for lack of subject-matter jurisdiction. Biltmore Forest Broad. FM, Inc. v. United States, 80 Fed. Cl. 322 (2008) (“Biltmore II ”). We affirm, and…
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