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KNOLOGY, INC. v. INSIGHT COMMUNICATIONS CO.

No. 03-6390.

393 F.3d 656 (2004)

KNOLOGY, INC., Plaintiff-Appellee, v. INSIGHT COMMUNICATIONS COMPANY, L.P.; Insight Kentucky Partners II, L.P., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2004.

Attorney(s) appearing for the Case

ARGUED: Laurence J. Zielke, Pedley, Zielke, Gordinier & Pence, Louisville, Kentucky, for Appellants. Eric L. Ison, Greenebaum, Doll & McDonald, Louisville, Kentucky, for Appellee. ON BRIEF: Laurence J. Zielke, Janice M. Theriot, Adam B. Shadburne, Pedley, Zielke, Gordinier & Pence, Louisville, Kentucky, for Appellants. Eric L. Ison, Holland N. McTyeire, Greenebaum, Doll & McDonald, Louisville, Kentucky, David O. Stewart, Thomas B. Smith, Robert J. Kovacev, Robert M. Malone, Ropes & Gray, LLP, for Appellee.

Before: NELSON and COOK, Circuit Judges; SARGUS, District Judge.

OPINION

COOK, Circuit Judge.

Defendant-Appellants Insight Communications Company, L.P., and Insight Kentucky Partners II, L.P. (collectively "Insight") appeal the district court's decision denying Insight immunity from Plaintiff-Appellee Knology, Inc.'s Sherman Act and 42 U.S.C. § 1983 claims. Because the Noerr-Pennington doctrine insulates Insight from liability for its activities here, we reverse the district court's decision.

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