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CRUZ v. FERRE

No. 83-330-CIV-WMH.

571 F.Supp. 125 (1983)

Ruben CRUZ, Plaintiff, v. Maurice A. FERRE, as Mayor and Chairman of the Miami City Commission, etc., et al., Defendants, and Miami Cablevision, a joint venture consisting of Americable of Greater Miami, Ltd., etc., et al., Intervenors-Defendants. HOME BOX OFFICE, INC., etc., Plaintiff, v. Maurice A. FERRE, as Mayor and Chairman of the Miami City Commission, etc., et al., Defendants.

United States District Court, S.D. Florida.

August 2, 1983.

Attorney(s) appearing for the Case

Ellis Rubin Law Offices, P.A., Miami, Fla., for plaintiff Ruben Cruz.

Jose R. Garcia-Pedrosa, City Atty., Miami, Fla., for defendants Ferre, Gary and City of Miami.

Terry S. Bienstock, Miami, Fla., for plaintiff Home Box Office, Inc.

Kenneth M. Meyers, Miami, Fla., for intervenors-defendants Miami Cablevision.

MEMORANDUM OPINION

HOEVELER, District Judge.

THIS CAUSE came before the Court on motions for summary judgment filed by both sides. After a consideration of the record and the arguments presented by the parties at two hearings, the Court enters the following findings and summary judgment.

The issue presented in this case is whether the Defendant City of Miami may constitutionally regulate the dissemination of material through cable television defined...

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