COMMUNITY COMMUNICATIONS CO. v. CITY OF BOULDER

No. 80-1348.

630 F.2d 704 (1980)

COMMUNITY COMMUNICATIONS COMPANY, INC., Plaintiff-Appellee, v. CITY OF BOULDER, COLORADO et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 1, 1980.


Attorney(s) appearing for the Case

Jeffrey H. Howard of Davis, Graham & Stubbs, Denver, Colo. (Dale R. Harris and Bruce T. Reese of Davis, Graham & Stubbs, Denver, Colo., with him on the brief; Joseph N. de Raismes and Alan E. Boles, Jr., Boulder, Colo., of counsel), for defendant-appellant.

Harold R. Farrow of Farrow, Schildhause & Wilson, Oakland, Cal. (Thomas A. Seaton of Farrow, Schildhause & Wilson, Oakland, Cal., Stephen M. Brett, Robert E. Youle, and Craig R. Maginness of Dawson, Nagle, Sherman & Howard, Denver, Colo., with him on the brief), for plaintiff-appellee.

Thomas P. McMahon, Asst. Atty. Gen., Antitrust Section, State of Colorado, Denver, Colo. (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., B. Lawrence Theis, First Asst. Atty. Gen., Antitrust Section, Denver, Colo., with him on the brief), for amicus Colorado Atty. Gen.

Jane E. Roberts, Wheat Ridge, Colo., filed a brief on behalf of amicus Colorado Municipal League.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and MARKEY, Judge.


SETH, Chief Judge.

The plaintiff, who holds a non-exclusive franchise from the City of Boulder to engage in the cable television business in the City, brought this action against the City and another cable TV business entity. Some eleven causes of action are asserted. The complaint is directed to a City ordinance which placed a moratorium on expansion by the plaintiff in the City and to the action by the City in soliciting other cable TV business to engage in business...

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