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CABLE ARIZONA CORP. v. COXCOM, INC.

No. 99-17406.

261 F.3d 871 (2001)

CABLE ARIZONA CORPORATION, an Arizona corporation dba CableAmerica Corporation, Plaintiff-Appellant, v. COXCOM, INC., a Delaware corporation dba Coxcom Phoenix aka Cox Communications, Inc.; Feiga Partners LP, a partnership; BLDG Associates, Inc., a corporation; CLK Management Corp., a purported corporation; Bernard/Finney Management Services, Inc., an Arizona corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2001

Attorney(s) appearing for the Case

Robert G. Schaffer (argued) and Warren Denetsosie, Lewis and Roca LLP, Phoenix, Arizona, for the Plaintiff-Appellant.

David B. Rosenbaum, Osborn Maledon, P.A., Phoenix, Arizona, for Defendant-Appellee CoxCom, Inc.

Mark Deatherage, Gallagher & Kennedy, P.A., Phoenix, Arizona, for Defendant-Appellee Feiga Partners, et al.

Before: Stephen Reinhardt, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.

Argued and Submitted March 13, 2001 — San Francisco, California

RYMER, Circuit Judge:

This appeal requires us to decide whether § 621(a)(2) of the Cable Communications Policy Act of 1984, 47 U.S.C. § 541(a)(2) — which gives cable franchisees the right to construct a cable system "over public rights-of-way, and through easements, ... which have been dedicated for compatible uses" — allows a cable company access to individual units...

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