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NASHOBA COMMUNICATIONS LTD. PARTNERSHIP NO. 7 v. TOWN OF DANVERS

No. 89-1338.

893 F.2d 435 (1990)

NASHOBA COMMUNICATIONS LIMITED PARTNERSHIP NO. 7, d/b/a Nashoba Cable Services, Plaintiff, Appellee, v. TOWN OF DANVERS, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 10, 1990.

Attorney(s) appearing for the Case

David J. Doneski, Asst. Town Counsel, with whom Paul L. Kenny, Town Counsel, Danvers, Mass., and Francis P. McHugh, Asst. Town Counsel, were on brief, for defendants, appellants.

R. Bruce Beckner with whom Fleischman and Walsh, P.C., Washington, D.C., Gene K. Landy and Widett, Slater & Goldman, Boston, Mass., were on brief, for plaintiff, appellee.

Before TORRUELLA, SELYA and MAYER, Circuit Judges.

MAYER, Circuit Judge.

The issue before us is whether the district court had jurisdiction to issue a declaratory judgment that the Town of Danvers' attempt to enforce an agreement by Nashoba Communications Limited Partnership No. 7 to freeze cable rates violated the Cable Communications Policy Act of 1984 (Cable Act), 47 U.S.C. § 543 (Supp. II 1984).

I.

On December 23, 1985, the Town of Danvers (Danvers) granted Nashoba Communications Limited...

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