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CONTINENTAL CABLEVISION OF NEW ENGLAND, INC. v. UNITED BROADCASTING CO.

No. 88-1147.

873 F.2d 717 (1989)

CONTINENTAL CABLEVISION OF NEW ENGLAND, INC., Plaintiff-Appellant, v. UNITED BROADCASTING COMPANY; Suburban Bank, d/b/a Sovran Bank/Maryland, as it is Co-Trustee of the Residuary Trust established under the Will of Richard Eaton, Defendants-Appellees, and Grover B. Russell, Jr., as he is Co-Trustee of the Residuary Trust established under the Will of Richard Eaton, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 27, 1989.

Rehearing and Rehearing Denied May 25, 1989.

Attorney(s) appearing for the Case

Laura Steinberg (Katherine J. Ross, Sullivan & Worcester, Boston, Mass., John C. Keeney, Jr., Hogan & Hartson, Washington, D.C., on brief), for plaintiff-appellant.

Marianne K. Renjilian (W. Shepherdson Abell, Jeff Evan Lowinger, Furey, Doolan & Abell, Chevy Chase, Md., Thomas Schattenfield, James H. Hulme, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., on brief), for defendants-appellees.

Before HALL, PHILLIPS, and MURNAGHAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 25, 1989.

MURNAGHAN, Circuit Judge:

The closing months of 1974 found Continental Cablevision of New England, Inc. and United Cable Company of New Hampshire, Inc. engaged in wide-ranging and expensive litigation involving television franchise rights in Manchester, New Hampshire. The parties, while the litigation was still going on, decided to settle. Continental agreed to terminate the litigation which it had instituted...

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