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ERIE TELECOMMUNICATIONS, INC. v. CITY OF ERIE, PA.

No. 87-3648.

853 F.2d 1084 (1988)

ERIE TELECOMMUNICATIONS, INC., Appellant, v. CITY OF ERIE, PENNSYLVANIA, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 28, 1988.

Attorney(s) appearing for the Case

David J. Saylor (argued), Robert Corn-Revere, Hogan & Hartson, Washington, D.C., James D. McDonald, Jr., Gary Eiben, The McDonald Group, Erie, Pa., for appellant.

T. Warren Jones, James R. Walczak (argued), Dale E. Huntley, MacDonald, Illig, Jones & Britton, Erie, Pa., for appellee.

Stefan Presser, Legal Director, ACLU of Pennsylvania, Philadelphia, Pa., for amicus curiae ACLU of Pennsylvania.

Joseph Van Eaton (argued), Spiegel & McDiarmid, Washington, D.C., Michael I. Meyerson, University of Baltimore School of Law, Baltimore, Md., for amici curiae Albert S. Richardson, OC/UCC and Alliance for Communications Democracy.

L. Andrew Tollin, Wilkinson, Barker, Knauer & Quinn, Washington, D.C., for amici curiae The Media Institute.

Henry L. Baumann, Benjamin F.P. Ivins, National Ass'n of Broadcasters, Washington, D.C., for amicus curiae Ass'n of Nat. Broadcasters.

J. Laurent Scharff, Jack N. Goodman, James M. Smith, Pierson, Ball & Dowd, Washington, D.C., for amicus curiae Ass'n of Independent Television Stations, Inc.

Before HUTCHINSON, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

Appellant Erie Telecommunications, Inc. ("ETI") commenced this action in the United States District Court for the Western District of Pennsylvania against the City of Erie, Pennsylvania ("City"), challenging the validity of a franchise agreement and a related side access agreement entered into by the parties in 1980. The agreements, each for a term of ten years, awarded ETI a cable television franchise in exchange...

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