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CITY OF PEORIA v. GEN. ELEC. CABLEVISION CORP.

Nos. 82-1250, 82-1420.

690 F.2d 116 (1982)

CITY OF PEORIA, Plaintiff-Appellee, v. GENERAL ELECTRIC CABLEVISION CORPORATION (GECCO), Defendant and Third-Party Plaintiff-Appellee, v. FEDERAL COMMUNICATIONS COMMISSION, Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1982.

Attorney(s) appearing for the Case

Daniel M. Armstrong, Assoc. Gen. Counsel, F. C. C., Washington, D. C., for third-party defendant-appellant.

Robert W. Coll, McKenna, Wilkinson & Kittner, Washington, D. C., for defendant third-party plaintiff-appellee.

Brian M. Nemenoff, Deputy Corp. Counsel, Peoria, Ill., for plaintiff-appellee.

Before WOOD and POSNER, Circuit Judges, and DUMBAULD, Senior District Judge.

POSNER, Circuit Judge.

We are required in this case to determine the proper route for obtaining judicial review of a regulation of the Federal Communications Commission whose validity is questioned in a suit on a contract. May the court in which that suit is brought determine its validity, or must the court refer the question to the FCC under the doctrine of primary jurisdiction?

In 1966 the City of Peoria granted a 20-year cable television franchise to General...

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