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CABLEAMERICA CORP. v. FEDERAL TRADE COM'N

No. CV-91-N-2932-NE.

795 F.Supp. 1082 (1992)

CABLEAMERICA CORPORATION and Cable Alabama Corporation, Plaintiffs, v. FEDERAL TRADE COMMISSION, et al., Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

April 13, 1992.

Attorney(s) appearing for the Case

David Overlock Stewart, Thomas B. Smith, Ropes & Gray, Washington, D.C., Roderic G. Steakley, Joe H. Ritch, Sirote and Permutt P.C., Huntsville, Ala., for plaintiffs.

George C. Batcheler, U.S. Attorney's Office, Birmingham, Ala., James M. Spears, General Counsel, Benjamin I. Berman, David C. Shonka, Federal Trade Com'n, Office of General Counsel, Washington, D.C., for defendants.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

I. Background.

In this civil action, the plaintiffs ask the court to enjoin the Federal Trade Commission ["FTC"] from conducting a premerger antitrust investigation under provisions of the Hart-Scott-Rodino Antitrust Improvements Act, 15 U.S.C. § 18a ["HSR Act"].

Following the decision of this court in Cable Alabama Corporation v. City of Huntsville, Ala., et al.,

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