MULTI-CHANNEL TV CABLE, CO. v. CHARLOTTESVILLE QU. CABLE

No. 94-1082.

22 F.3d 546 (1994)

MULTI-CHANNEL TV CABLE COMPANY, d/b/a Adelphia Cable Communications, Plaintiff-Appellee, v. CHARLOTTESVILLE QUALITY CABLE OPERATING COMPANY, a Virginia Corporation; Rivanna Partnership, a Virginia general partnership; Alcova Realty & Management Company, Defendants-Appellants, and Fountain Court Limited Partnership, a Virginia limited partnership; John A. Schwab, Jr.; Bernard A. Schwab; C. Stuart Raynor, Jr., Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided April 14, 1994.


Attorney(s) appearing for the Case

ARGUED: Deborah Colleen Costlow, Winston & Strawn, Washington, DC, for appellants. John Douglas McKay, Barrick & McKay, Charlottesville, VA, for appellee. ON BRIEF: Thomas C. Power, Winston & Strawn, Washington, DC, for appellants. Franklyn F. Bergland, David C. Wagoner, Barrick & McKay, Charlottesville, VA; Philip J. Kantor, Bienstock & Clark, Miami, FL; Randall D. Fisher, John B. Glicksman, Adelphia Cable Communications, Coudersport, PA, for appellee.

Before WILKINSON, HAMILTON, and MICHAEL, Circuit Judges.


Affirmed as modified by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILKINSON and Judge MICHAEL joined.

OPINION

HAMILTON, Circuit Judge:

This appeal challenges the propriety of a preliminary injunction which prohibits the Appellants—a cable television provider and four residential apartment complexes—from operating under cable provider agreements to the exclusion of a competing cable provider—Multi-Channel...

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