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MULTI-CHANNEL TV v. CHARLOTTESVILLE QUALITY CABLE

Nos. 94-2340, 94-2383.

65 F.3d 1113 (1995)

MULTI-CHANNEL TV CABLE COMPANY, d/b/a Adelphia Cable Communications, Plaintiff-Appellant, v. CHARLOTTESVILLE QUALITY CABLE CORPORATION, a Virginia corporation; Charlottesville Quality Cable Operating Company, a Virginia corporation; Management Services Corporation of Charlottesville, a Virginia corporation; Madison Limited Partnership, a Virginia limited partnership; Cabell Limited Partnership, a Virginia limited partnership; Brandon Limited Partnership, a Virginia limited partnership; Four Seasons Apartments Limited Partnership, a Virginia limited partnership; Sherwood Manor Limited Partnership, a Virginia limited partnership; George B. McCallum, III, Trustee of Oxford Hill Land Trust; David W. Kudravetz, Trustee of Oxford Hill Land Trust; L-R Investments, a Virginia limited partnership, Defendants-Appellees. MULTI-CHANNEL TV CABLE COMPANY, d/b/a Adelphia Cable Communications, Plaintiff-Appellee, v. CHARLOTTESVILLE QUALITY CABLE CORPORATION, a Virginia corporation; Charlottesville Quality Cable Operating Company, a Virginia corporation; Management Services Corporation of Charlottesville, a Virginia corporation; Madison Limited Partnership, a Virginia limited partnership; Cabell Limited Partnership, a Virginia limited partnership; Brandon Limited Partnership, a Virginia limited partnership; Four Seasons Apartments Limited Partnership, a Virginia limited partnership; Sherwood Manor Limited Partnership, a Virginia limited partnership; George B. McCallum, III, Trustee of Oxford Hill Land Trust; David W. Kudravetz, Trustee of Oxford Hill Land Trust; L-R Investments, a Virginia limited partnership, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1995.

Attorney(s) appearing for the Case

ARGUED: John Douglas McKay, Barrick & McKay, Charlottesville, VA, for appellant. Deborah Colleen Costlow, Winston & Strawn, Washington, DC, for appellees. ON BRIEF: David C. Wagoner, Barrick & McKay, Charlottesville, VA; Randall D. Fisher, John B. Glicksman, Adelphia Cable Communications, Coudersport, PA; Philip J. Kantor, Bienstock & Clark, Miami, FL, for appellant. Alan G. Fishel, Winston & Strawn, Washington, DC, for appellees.

Before WILKINSON, HAMILTON, and MICHAEL, Circuit Judges.

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

OPINION

HAMILTON, Circuit Judge:

This appeal raises numerous issues arising from a dispute between competing cable television operators in the City of Charlottesville, and Albemarle County, Virginia, whereby one of the cable operators disconnected the service of the other to certain multi-dwelling units (MDUs) in those areas. The disconnected...

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