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KRISTIAN v. COMCAST CORP.

Nos. 04-2619, 04-2655.

446 F.3d 25 (2006)

Martha KRISTIAN and James D. Masterman, Plaintiffs, Appellees, v. COMCAST CORPORATION; Comcast Mo Group, Inc.; Comcast Cable Holdings, LLC; Comcast Cable Communications Holdings, Inc.; Comcast Cable Communications, Inc.; and Comcast Holdings Corporation, Defendants, Appellants, AT & T Broadband, Defendant. Jack Rogers and Paul Pinella, Plaintiffs, Appellees, v. Comcast Corporation and AT & T Broadband, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 20, 2006.

Attorney(s) appearing for the Case

Jaime A. Bianchi, with whom Christopher M. Curran, George L. Paul, Noah A. Brumfield, and White & Case LLP; and Christopher F. Robertson and Seyfarth Shaw LLP were on brief, for appellants.

Alan Gilbert, with whom Stacey L. Mills, Samuel D. Heins, David Woodward, Jessica N. Servais, and Heins Mills & Olson, P.L.C; John P. Zavez, Noah Rosmarin, and Adkins, Lelston & Zavez, P.C.; and Barry Barnett, John Turner, and Susman Godfrey LLP were on brief, for appellees.

Before LIPEZ and HOWARD, Circuit Judges, and RESTANI, Judge.

LIPEZ, Circuit Judge.

This appeal requires us to evaluate the enforceability of arbitration agreements that Comcast, a cable television provider, invoked against a group of its subscribers, who have sued it for violations of state and federal antitrust laws. Concluding that the arbitration agreements did not have retroactive effect, the district court ruled that the subscribers could not be compelled to arbitrate their antitrust claims. In so ruling, the district...

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