CAVALIER TELEPHONE v. VIRGINIA ELEC. AND POWER

Nos. 01-2135, 01-2192.

303 F.3d 316 (2002)

CAVALIER TELEPHONE, LLC, Plaintiff-Appellee, v. VIRGINIA ELECTRIC AND POWER COMPANY, d/b/a Dominion Virginia Power, Defendant-Appellant. Cavalier Telephone, LLC, Plaintiff-Appellant, v. Virginia Electric and Power Company, d/b/a Dominion Virginia Power, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 2002.


Attorney(s) appearing for the Case

ARGUED: Thomas George Hungar, Gibson, Dunn & Crutcher, L.L.P., Washington, D.C., for Appellant. Stephen Thomas Perkins, Cavalier Telephone, L.L.C., Richmond, Virginia, for Appellee. ON BRIEF: Curtis E. Gannon, Gibson, Dunn & Crutcher, L.L.P., Washington, D.C.; Stephen A. Northup, Matthew B. Kirsner, Troutman, Sanders, Mays & Valentine, L.L.P., Richmond, Virginia; John D. Sharer, Law Department, Dominion Resources Services, Inc., Richmond, Virginia, for Appellant. Donald F. Lynch, III, Cavalier Telephone, L.L.C., Richmond, Virginia, for Appellee.

Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.


Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge TRAXLER and Judge GREGORY joined.

OPINION

WILLIAMS, Circuit Judge.

Virginia Electric and Power Company (Virginia Power) appeals the district court's entry of a preliminary injunction enforcing an order of the Cable Services Bureau (CSB) issued pursuant to delegated authority.1 Virginia Power contends that: (1) the CSB order is...

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