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LOCE v. TIME WARNER ENTERTAINMENT

Docket Nos. 97-9301, 97-9601 and 98-7040.

191 F.3d 256 (1999)

Thomas LOCE and Ed Richter both individually and doing business as Life Without Shame, Plaintiffs-Appellants-Cross-Appellees, v. TIME WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP d/b/a Time Warner Communications and Time Warner Entertainment-Advance/Newhouse d/b/a Time Warner Cable, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 14, 1999.

Attorney(s) appearing for the Case

Edward L. Fiandach, Rochester, New York (Arthur Eisenberg, Kenneth P. Norwick, Fiandach & Fiandach, Rochester, New York, on the brief), for Plaintiffs-Appellants-Cross-Appellees.

Stuart W. Gold, New York, New York (Jeffrey L. Nagel, Cravath, Swaine & Moore, New York, New York, Paul J. Yesawich, III, Harris, Beach & Wilcox, Rochester, New York, on the brief), for Defendants-Appellees-Cross-Appellants.

Before: KEARSE and POOLER, Circuit Judges, and POLLACK, District Judge.

KEARSE, Circuit Judge:

Plaintiffs Thomas Loce and Ed Richter, individually and doing business as Life Without Shame, appeal from so much of a final judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Judge, as dismissed their claims under the First Amendment of the Constitution and § 612 of the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984 (the "1984 Act"), by the...

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