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FORDHAM UNIVERSITY v. BROWN

Civ. A. No. 93-2120 (CRR).

856 F.Supp. 684 (1994)

FORDHAM UNIVERSITY, Plaintiff, v. Ronald H. BROWN, Secretary, United States Department of Commerce, Defendant.

United States District Court, District of Columbia.

June 29, 1994.

Attorney(s) appearing for the Case

Katrina Renouf and Margot Polivy of Renouf & Polivy, Washington, DC, for plaintiff.

Eric H. Holder, Jr., U.S. Atty., John D. Bates, Asst. U.S. Atty., and Sally M. Rider, Asst. U.S. Atty. Of Counsel: Stacia Davis LeBlanc and Brian Harris, U.S. Dept. of Commerce, for defendant.

Timothy B. Dyk and Eric Grant of Jones, Day, Reavis & Pogue, Washington, DC. Of Counsel: Theodore A. Miles, National Public Radio; Thomas E. Harvey, Sylvia S. Winik, and Pamela J. Brown, Corp. for Public Broadcasting, for amici curiae National Public Radio and the Corp. for Public Broadcasting.

Eugene F. Mullin of Mullin, Rhyne, Emmons and Topel, P.C., Washington, DC, for amicus curiae National Council of Churches.

Mark E. Chopko, Gen. Counsel, and Katherine G. Grincewich, Asst. Gen. Counsel, for amicus curiae U.S. Catholic Conference.

MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

Plaintiff Fordham University brings this suit to challenge a determination made by the Defendant Ronald H. Brown, Secretary of the Department of Commerce, that the Plaintiff's application for funding of certain broadcast facilities for its radio station is ineligible. The Government based this determination on the Plaintiff's weekly broadcast of Catholic Mass, and the Department's regulations barring...

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