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CATALINA CABLEVISION ASSOCIATES v. CITY OF TUCSON

No. 83-2460.

745 F.2d 1266 (1984)

CATALINA CABLEVISION ASSOCIATES a joint venture, Plaintiff-Appellee, v. CITY OF TUCSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1984.

Attorney(s) appearing for the Case

John A. Baade, Miller & Pitt, P.C., Tucson, Ariz., for plaintiff-appellee.

Bradford C. Detrick, Frederick S. Dean, Thomas J. Wilson, Tucson, Ariz., for defendant-appellant.

Robert J. Logan, San Jose, Cal., for amicus curiae City of San Jose.

Before ANDERSON, SKOPIL, and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Catalina Cablevision Associates ("Catalina") brought action against the City of Tucson, an Arizona Municipal Corporation, alleging that Tucson violated the Sherman Act, 15 U.S.C. §§ 1 and 2, by issuing one, non-exclusive license for cable television service in Tucson. The narrow question presented by this appeal is whether the "state action" immunity established in Parker v. Brown, 317 U.S. 341

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