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COMMUNITY COMMUNICATIONS, CO. v. CITY OF BOULDER, COLO.

No. 80-1882.

660 F.2d 1370 (1981)

COMMUNITY COMMUNICATIONS COMPANY, INC., Plaintiff-Appellee, v. CITY OF BOULDER, COLORADO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 22, 1981.

Rehearing Denied November 6, 1981.

Attorney(s) appearing for the Case

Jeffrey H. Howard of Davis, Graham & Stubbs, Denver, Colo. (Dale R. Harris, Bruce T. Reese, Glenn W. Merrick, and Kathleen A. McGinn of Davis, Graham & Stubbs, Denver, Colo.; and Joseph N. DeRaismes and Allan E. Boles, Jr., Boulder, Colo., with him on the brief), for defendant-appellant.

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

Thomas B. McMahon, Asst. Atty. Gen., Denver, Colo. (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., and B. Lawrence Theis, First Asst. Atty. Gen., Denver, Colo., with him on the brief), for amicus curiae Colorado Attorney General.

Blake T. Jordan, Staff Attorney, Wheat Ridge, Colo., on the brief for amicus curiae Colorado Municipal League.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and BOHANON, District Judge.

SEYMOUR, Circuit Judge.

We have been once again asked to reverse a grant by the district court of a preliminary injunction against the City of Boulder, Colorado (City) enjoining the City from enforcing a legislative restriction on the authority of Community Communications Company (CCC) to conduct its cable television business in Boulder. See Community Communications Co. v. City of Boulder, 485 F.Supp. 1035 (D.Colo.),

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