1. Home
  2. Browse Decisions
  3. F.3d
  4. 381 F.3d
  5. 381 F.3d 1039 (2004)
 

TIME WARNER v. EVEREST MIDWEST LICENSEE

No. 03-3005.

381 F.3d 1039 (2004)

TIME WARNER ENTERTAINMENT COMPANY, L.P., a Delaware limited partnership; and Liberty Cable of Missouri, Inc., a Missouri corporation, Plaintiffs-Counter Defendants-Appellants, v. EVEREST MIDWEST LICENSEE, L.L.C., dba Everest Connections Corp., Defendant-Appellee, Atrium Partners, L.P., a Kansas limited partnership, Defendant-Counter Claimant-Appellee. National Multihousing Council, Community Associations Institute, Institute of Real Estate Management, National Apartment Association, National Association of Real Estate Investment Trusts, Real Estate Roundtable, and Real Access Alliance, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 27, 2004.

Attorney(s) appearing for the Case

Michael W. Quinn (Bernard J. Rhodes, Lathrop & Gage, L.C., Kansas City, MO, with him on the briefs), Time Warner Cable, Stamford, CT, for the Plaintiffs-Appellants.

Lee M. Smithyman (Rachel Lipman Reiber, Everest Midwest Licensee, L.L.C., Kansas City, MO, with him on the brief), Smithyman & Zakoura, Chartered, Overland Park, KS, for the Defendant-Appellee.

Matthew C. Ames, Gerard Lavery Lederer, Miller & Van Eaton, P.L.L.C., Washington, DC; Roger Platt, Vice President & Counsel, The Real Estate Roundtable, Washington, DC; Molly Foley-Healey, Community Associations Institute, Alexandria, VA; Tony Edwards and Robert Cohen, National Association of Real Estate Investment Trusts, Washington, DC, on the brief for the Amici Curiae.

Before LUCERO, McKAY, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

At issue in this case is the application of the Federal Communication Commission's ("FCC") cable television "inside wiring rules" under an agreement which grants an incumbent cable provider, Time Warner, a license to maintain the cable wiring its predecessor installed within an apartment complex, The Atriums. The Atriums argues that the license is limited to the wiring currently being used to provide cable

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases