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CENTURY SOUTHWEST CABLE TELEVISION v. CIIF ASSOCIATES

No. 93-56725.

33 F.3d 1068 (1994)

CENTURY SOUTHWEST CABLE TELEVISION, INC., Plaintiff-Appellee, v. CIIF ASSOCIATES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1994.

Attorney(s) appearing for the Case

Jeffrey Kichaven, Alschuler, Grossman & Pines, Los Angeles, CA, Deborah C. Costlow, Winston & Strawn, Washington, DC, for defendant-appellant.

J. Larson Jaenicke, Rintala, Smoot, Jaenicke & Brunswick, Los Angeles, CA, for plaintiff-appellee.

Terry S. Bienstock and Philip J. Kantor, Bienstock & Clark, Miami, FL, for Joint amicus curiae, Cablevision Industries, Inc., Comcast Cable Communications, Inc. and Cox Cable Communications, Inc.

Before: D.W. NELSON, NOONAN, Circuit Judges, and S.P. KING, District Judge.

NOONAN, Circuit Judge:

CIIF Associates, a Massachusetts general partnership (CIIF), appeals the grant of a preliminary injunction in favor of Century Southwest Cable Television Inc., a Delaware corporation (Century). The case, of first impression in this circuit, involves the rights of an apartment owner to exclude a franchised cable television operator from servicing its apartments. We reverse the grant of the preliminary injunction.

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