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NATIONAL SUBSCRIPTION TELEVISION v. S & H TV

No. 80-5655.

644 F.2d 820 (1981)

NATIONAL SUBSCRIPTION TELEVISION, and Oak Broadcasting Systems, Inc., Plaintiffs-Appellants, v. S & H TV, JKL Electronics, Jon Karl Larson, R & R Associates, Richard L. Rathburn, Richard Rath, JK Electronics, Jacqueline M. Kennedy, Kenneth J. Kennedy, SCR Electronics, Stephen Robbins, J & R Electronics, V. DeFrancisco, Video Movie House, Rich Minard, and Maury Goldstein, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1981.

Attorney(s) appearing for the Case

Patrick Lynch, O'Melveny & Myers, Los Angeles, Cal., argued for plaintiffs-appellants; William Wewer, Wewer & Mahn, P. C., Washington, D. C., on brief.

Kenneth J. Golden, Westminster, Cal., for defendants-appellees.

Before TRASK and SCHROEDER, Circuit Judges, and CARROLL, District Judge.

TRASK, Circuit Judge:

Appellants, owners and operators of a subscription television service, seek review of the district court's dismissal of their complaint brought under section 605 of the Federal Communications Act, 47 U.S.C. § 605. The district court dismissed the complaint because it found that appellants' transmissions are not protected by the statute. We reverse.

I

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