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CABLEVISION OF TEXAS III, L.P. v. OKLAHOMA WESTERN TELEPHONE CO.

No. 92-7115.

993 F.2d 208 (1993)

CABLEVISION OF TEXAS III, L.P., Plaintiff-Appellee, v. OKLAHOMA WESTERN TELEPHONE COMPANY and Star Search Rural Television Co., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 20, 1993.

Attorney(s) appearing for the Case

Neal M. Goldberg of Hopkins & Sutter, Washington, DC (David W. Lee, Oklahoma City, OK, with him on the brief), for defendants-appellants.

Mark J. Palchick of Baraff, Koerner, Olender & Hochberg, Washington, DC (Douglas McBee of Milsten & Price, Oklahoma City, OK, with him on the brief), for plaintiff-appellee.

Before LOGAN, MOORE and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

Defendants Oklahoma Western Telephone Company and Star Search Rural Television Co. appeal the district court's refusal to lift a permanent injunction forbidding them from constructing or operating a cable television system in Clayton, Oklahoma. We have jurisdiction under 28 U.S.C. § 1292(a)(1).

I

This litigation commenced after defendants laid approximately 1500 feet of coaxial cable into an open trench in the town of Clayton...

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