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ERIE TELECOMMUNICATIONS, INC. v. CITY OF ERIE

Civ. A. No. 85-185 Erie.

659 F.Supp. 580 (1987)

ERIE TELECOMMUNICATIONS, INC., a Pennsylvania Corporation, Plaintiff, v. CITY OF ERIE, a Pennsylvania Municipal Corporation, Defendant.

United States District Court, W.D. Pennsylvania.

April 15, 1987.

Attorney(s) appearing for the Case

David J. Saylor, Robert L. Corn, Hogan & Hartson, Washington, D.C., James D. McDonald, Jr., Gary Eiben, Erie, Pa., for plaintiff.

T. Warren Jones, Dale E. Huntley, MacDonald Illig Jones & Britton, James R. Walczak, Erie, Pa., for defendant.

OPINION

MENCER, District Judge.

This suit involves a challenge to the validity of a cable franchise agreement entered into between plaintiff Erie Telecommunications, Inc. ("ETI") and defendant City of Erie. ETI attacks certain provisions of the agreement as being violative of the first and fourteenth amendments of the U.S. Constitution and seeks redress for these alleged constitutional infringements through the application of 42 U.S.C. § 1983.

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