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JAMES CABLE PARTNERS v. JAMESTOWN, TENN. BY DUNCAN

Nos. 93-5741, 93-5742.

43 F.3d 277 (1995)

JAMES CABLE PARTNERS, L.P., a Delaware limited partnership doing business as Big South Fork Cablevision, Plaintiff/Counter-Defendant-Appellee/Cross-Appellant, v. The CITY OF JAMESTOWN, TENNESSEE, being represented by its Mayor, Stoney C. DUNCAN, and its Aldermen, Bob Bow, Mark Choate, Gary Huff, Harold Whited, and Donald Crockett, Defendant/Counter-Plaintiff-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 5, 1995.

Rehearing and Suggestion for Rehearing Denied February 13, 1995.

Attorney(s) appearing for the Case

Ernest A. Petroff (briefed), Keith C. Dennen, Baker, Worthington, Crossley, Stansberry & Woolf, Huntsville, TN, Burt A. Braverman (argued and briefed), Gary I. Resnick, Ben Golant, Cole, Raywid & Braverman, Washington, DC, for James Cable Partners, L.P.

Roy T. Englert, Jr. (argued), Mayer, Brown & Platt, Teresa D. Baer, Latham & Watkins, Washington, DC, Michael A. Walker, Jamestown, TN, for the City of Jamestown, Tenn. in No. 93-5741.

Roy T. Englert, Jr. (argued), Mayer, Brown & Platt, Teresa D. Baer, Latham & Watkins, Washington, DC, Michael A. Walker, Jamestown, TN, Tillman Lay (briefed), Miller & Holbrooke, Washington, DC, for the City of Jamestown, Tenn. in No. 93-5742.

Before: KENNEDY, RYAN, and NORRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 13, 1995.

ALAN E. NORRIS, Circuit Judge.

Defendant/counter-plaintiff, the City of Jamestown, Tennessee, appeals from the district court's order enforcing plaintiff/counterdefendant, James Cable Partners' ("James Cable") exclusive franchise to provide cable television in Jamestown. The order enjoined Jamestown from taking any action that violates James Cable's exclusive franchise rights. This appeal...

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