NATIONAL CABLE TELEVISION CO-OP. v. VIACOM INTERN.

No. 98-2264-JWL.

37 F.Supp.2d 1266 (1998)

NATIONAL CABLE TELEVISION COOPERATIVE, INC., Plaintiff, v. VIACOM INTERNATIONAL, INC., Defendant.

United States District Court, D. Kansas.

December 31, 1998.


Attorney(s) appearing for the Case

Karl Zobrist, Christian D. Stewart, Timothy G. Swenson, Blackwell Sanders Peper Martin LLP, Kansas City, MO, James D. Griffin, Blackwell Sanders Peper Martin LLP, Overland Park, KS, for National Cable Television Cooperative, Inc, plaintiffs.

Barbara A. Harmon, David J. Waxse, Shook, Hardy & Bacon L.L.P., Overland Park, KS, David P. Gersch, Irvin B. Nathan, Arnold & Porter, Washington, DC, for Viacom International, Inc., defendants.


MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

By this action, plaintiff National Cable Television Cooperative, Inc. ("NCTC") seeks damages arising from defendant Viacom International, Inc.'s ("Viacom") alleged breach of contract. The matter is presently before the court on defendant's motion to dismiss or, in the alternative, for summary judgment (doc. 18). For the reasons set forth below, defendant's motion is denied.

I. Facts

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