DOMINION VIDEO v. ECHOSTAR SATELLITE CORP.

Nos. 03-1274, 03-1303.

356 F.3d 1256 (2004)

DOMINION VIDEO SATELLITE, INC., Plaintiff-Appellee, v. ECHOSTAR SATELLITE CORPORATION and Echosphere Corporation, Defendants. Word of God Fellowship, Incorporated, a Georgia Corporation, doing business as Daystar Television Network, Intervenor-Appellant, and Trinity Christian Center of Santa Ana, Inc., doing business as Trinity Broadcasting Network; Trinity Broadcasting of Arizona; Trinity Broadcasting of Florida, Inc.; Trinity Broadcasting of Indiana, Inc.; Trinity Broadcasting of New York, Inc.; Trinity Broadcasting of Oklahoma City, Inc.; Trinity Broadcasting of Texas; Trinity Broadcasting of Washington; Tri-State Christian TV, Inc.; TCT of Michigan, Inc.; Radiant Life Ministries, Inc.; Faith Broadcasting Network; Familynet, Inc., Amici Curiae. Dominion Video Satellite, Inc., Plaintiff-Appellee, v. Echostar Satellite Corporation and Echosphere Corporation, Defendants-Appellants. Word of God Fellowship, Incorporated, a Georgia Corporation, doing business as Daystar Television Network, Intervenor, and Trinity Christian Center of Santa Ana, Inc., doing business as Trinity Broadcasting Network; Trinity Broadcasting of Arizona; Trinity Broadcasting of Florida, Inc.; Trinity Broadcasting of Indiana, Inc.; Trinity Broadcasting of New York, Inc.; Trinity Broadcasting of Oklahoma City, Inc.; Trinity Broadcasting of Texas; Trinity Broadcasting of Washington; Tri-State Christian TV, Inc.; TCT of Michigan, Inc.; Radiant Life Ministries, Inc.; Faith Broadcasting Network; Familynet, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 29, 2004.


Attorney(s) appearing for the Case

Donald M. Barnes of Porter, Wright, Morris & Arthur, LLP, Washington, DC, (Salvatore A. Romano and Brian M. Castro of Porter, Wright, Morris & Arthur, LLP, Washington, DC; Thomas E. Downey, Jr., of Downey & Knickerehm, P.C., Denver, CO; and John Lynch, Jr. of Adams Lynch & Loftin P.C., Bedford, TX, with him on the briefs), for Intervenor-Appellant Word of God Fellowship, Incorporated, in No. 03-1274.

Ross W. Wooten of T. Wade Welch & Associates, Houston, TX (T. Wade Welch of T. Wade Welch & Associates, Houston, TX; and Todd Jansen of Cockrell, Quinn & Creighton, Denver, CO, with him on the briefs), for Defendants-Appellants EchoStar Satellite Corporation and Echosphere Corporation in No. 03-1303.

Mark D. Colley of Holland & Knight LLP, Washington, DC (Thomas D. Leland of Holland & Knight LLP, Washington, DC; and Allan L. Hale and Scott A. Hyman of Hale Hackstaff Friesen, LLP, Denver, CO, with him on the briefs), for Plaintiff-Appellee, Dominion Video Satellite, Inc., in Nos. 03-1274 and 03-1303.

Colby M. May and James M. Henderson, Sr., filed an amicus curiae brief on behalf of Trinity Christian Center of Santa Ana, Inc., et al.

John T. Schmidt, Conrad M. Shumadine, Gary A. Bryant and Michael R. Katchmark of Willcox & Savage, P.C., filed an amicus curiae brief on behalf of FamilyNet, Inc.

Before SEYMOUR, MURPHY and HARTZ, Circuit Judges.


SEYMOUR, Circuit Judge.

This appeal arises out of a contract dispute between EchoStar Satellite Corporation and Echosphere Corporation (EchoStar) and Dominion Video Satellite, Inc. (Dominion). Asserting EchoStar was violating its contract, Dominion moved for a preliminary injunction to prevent EchoStar from taking further action and to preserve the status quo while the merits of the case were being decided. In the course of these proceedings, Word of God Fellowship...

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