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PLAYBOY ENTERPRISES v. PUBLIC SERVICE COM'N OF PUERTO RICO

No. 89-1026.

906 F.2d 25 (1990)

PLAYBOY ENTERPRISES, INC., et al., Plaintiffs, Appellees, v. PUBLIC SERVICE COMMISSION OF PUERTO RICO, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 21, 1990.

Attorney(s) appearing for the Case

Carlos Del Valle with whom Hector Rivera Cruz, Secretary of Justice, Rafael Ortiz Carrion, Sol. Gen., and Ramirez & Ramirez, Hato Rey, P.R., were on brief for defendants, appellants.

David W. Ogden with whom Donald B. Verrilli, Jr., Bruce J. Ennis, Jenner & Block, Washington, D.C., Maria Emilia Pico and Rexach & Pico, Santurce, P.R., were on brief, for plaintiffs, appellees.

Before BREYER, Circuit Judge, COFFIN and FAIRCHILD, Senior Circuit Judges.

FAIRCHILD, Senior Circuit Judge.

This is an appeal from a declaratory judgment and injunction entered by the district court. We borrow considerably from Judge Pieras' thorough opinion, published at 698 F.Supp. 401 (D. Puerto Rico 1988).

I. Introduction

These facts are undisputed: Cable operating companies, after securing monopoly franchises from local authorities, provide...

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