Tim Themy v. Seagull Enterprises

MAUGHAN, Justice: This case concerns the sale of a radio station, comprised of real property, broadcasting equipment and an FCC broadcasting license. Defendants admitted they had failed to make the required payments pursuant to the terms of the two operative agreements, and the district court granted plaintiffs motion for summary judgment, declaring the interests to be forfeited. Defendants contend factual issues prevent proper Disposition by summary judgment, and the court improperly invaded the jurisdiction of the FCC by declaring defendants interests in the license to be forfeited. We affirm, and award costs to plaintiff.