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MARCUS CABLE ASSOCIATES, L.L.C. v. CITY OF BRISTOL

No. 1:02 CV-00197.

237 F.Supp.2d 675 (2002)

MARCUS CABLE ASSOCIATES, L.L.C., etc., Plaintiff, v. CITY OF BRISTOL, Virginia, etc. Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

December 12, 2002.

Attorney(s) appearing for the Case

James N.L. Humphreys, Hunter, Smith & Davis, L.L.P., Kingsport, Tennessee, John C. Dodge, Geoffrey C. Cook and K.C. Halm, Cole, Raywid & Braverman, L.L.P., Washington, D.C., for Plaintiff.

J.D. Bowie, Bristol, Virginia, Steven R. Minor, Elliott Lawson & Pomrenke, Bristol, Virginia, and James Baller, The Baller Herbst Law Group, P.C., Washington, D.C., for Defendant.

Steven R. Minor, Elliott Lawson & Promrenke, Bristol, for Amicus Curiae William C. Wampler, Jr.

OPINION

JONES, District Judge.

The principal question in this case is whether under Virginia law a municipality may operate a cable television system in competition with private companies. One of the competing cable companies argues that absence additional state legislation, the City of Bristol is legally unable to enter the cable television business. After careful consideration, I agree and will prohibit the City from operating a cable system.

There...

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