MIDESSA TELEVISION COMPANY, Plaintiff-Appellant,
v.
MIDESSA TELECASTING COMPANY, INC., et al., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 29, 1980.
Rehearing Denied June 25, 1980.
Attorney(s) appearing for the Case
Gerald K. Fugit, Odessa, Tex., Stephen D. Susman, Terrell Oxford, Robert D. Daniel, Houston, Tex., for plaintiff-appellant.
John H. Shenefield, Asst. Atty. Gen., Robert B. Nicholson, William D. Coston, Attys., Dept. of Justice, Washington, D. C., for amicus curiae.
Carrington, Coleman, Sloman & Blumenthal, James A. Ellis, Jr., Dallas, Tex., for Midessa Television Co., Inc.
Harman & Harman, Brooks L. Harman, Odessa, Tex., for Doubleday Broadcasting Co., Inc.
Stubbeman, McRae, Sealy, Laughlin & Browder, W. B. Browder, Jr., Midland, Tex., for Tall City Cable T.V., Inc.
Shafer, Gilliland, Davis, Bunton & McCollum, W. O. Shafer, Odessa, Tex., for Community Cablevision of Odessa, Inc.
Finley & Scogin, Robert Scogin, Kermit, Tex., for Communicable of Texas, Inc.
Kerr, Fitz-Gerald & Kerr, Wm. Monroe Kerr, Midland, Tex., for J. J. Howard Hodge & Hodge Enterprise, Inc.
William C. McClearn, Denver, Colo., for Cablecom-General, Inc.
Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
AINSWORTH, Circuit Judge:
This is an antitrust suit brought by a UHF television station against a cable television company and its co-owners alleging that its refusal to carry plaintiff's UHF signal on its cable violated the antitrust laws.1 The district court granted defendants' motion for summary judgment primarily on the ground that federal regulation of cable television created an implied immunity from the effect of the antitrust laws...
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