CABLEVISION OF BOSTON, INC., Plaintiff, Appellant,
v.
PUBLIC IMPROVEMENT COMMISSION OF THE CITY OF BOSTON; Joseph F. Casazza, Michael Galvin, Gary Mocia, Para M. Jayasinghe, and Stephen Shea, as Commissioners of the Public Improvement Commission of the City of Boston; City of Boston; Boston Edison Company; BecoCom, Inc.; RCN-BecoCom, LLC; RCN Telecom Services of Massachusetts, Inc.; and RCN Corporation, Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard June 7, 1999.
Decided August 25, 1999.
Attorney(s) appearing for the Case
J. Anthony Downs, with whom Stephen D. Poss, Jeffrey A. Simes, and Goodwin, Proctor & Hoar LLP were on brief, for appellant Cablevision of Boston, Inc.
Merita A. Hopkins, Corporation Counsel, with whom Laura Steinberg and Sullivan & Worcester LLP were on brief, for appellees Public Improvement Commission of the City of Boston; Joseph F. Casazza, Michael Galvin, Gary Mocia, Para M. Jayasinghe, and Stephen Shea, as Commissioners of the Public Improvement Commission of the City of Boston; and the City of Boston.
Roscoe Trimmier, Jr., with whom R.K. Gad III, Philip C. Koski, Russell P. Hanser, Deborah L. Levi, and Ropes & Gray were on brief, for appellees Boston Edison Company and BecoCom, Inc.
Michael J. McHugh, with whom James T. Finnigan, K. Jill Rizzotti, and Rich, May, Bilodeau & Flaherty, P.C. were on brief, for appellees RCN-BecoCom, LLC; RCN Telecom Services of Massachusetts, Inc.; and RCN Corporation.
Before LYNCH, Circuit Judge, NOONAN, Circuit Judge, and LIPEZ, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
Cablevision of Boston sought a preliminary injunction in federal court against its principal local competitors in the developing broadband1 telecommunications market. Its complaint alleged that these competitors had taken unfair advantage of their access to underground electrical conduit in violation of Mass. Gen. Laws ch. 93A. Cablevision also sought injunctive relief against...
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