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CHARTWELL COMMUNICATIONS GROUP v. WESTBROOK

No. 80-1566.

637 F.2d 459 (1980)

CHARTWELL COMMUNICATIONS GROUP, and National Subscription Television — Detroit, Plaintiffs-Appellants, v. Philip WESTBROOK, Ind. & d/b/a Pony Electronics; Robert Moser, Jr., Ind. & d/b/a Video Vend, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1980.

Attorney(s) appearing for the Case

Robert P. Hurlbert, Frank G. Pollock, Dickinson, Wright, McKean, Cudlip & Moon, Bloomfield Hills, Mich., Theodore R. Opperwall, Detroit, Mich., for plaintiffs-appellants.

John B. Kemp, Kemp, Klein, Edelman & Beer, John L. Greenberg, Greenberg & Greenberg, Southfield, Mich., for defendants-appellees.

Before BROWN and BOYCE F. MARTIN, Jr., Circuit Judges, and REED, District Judge.

BAILEY BROWN, Circuit Judge.

This case presents important questions concerning the nature of the over-the-air subscription television (STV) industry, and the extent to which it is protected by Section 605 of the Communications Act of 1934, 47 U.S.C. § 605. Appellants (Chartwell) operate a subscription television business in the Greater Metropolitan Detroit area. Chartwell's programming consists mainly of recently released movies, musical performances, and sporting...

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