AT&T BROADBAND v. TECH COMMUNICATIONS, INC.

No. 03-11235.

381 F.3d 1309 (2004)

AT&T BROADBAND, Plaintiff-Appellee, v. TECH COMMUNICATIONS, INC., an active Florida corporation, Richard Marmer, Defendants-Appellants, Mr. Beverage, Deli & Middle Eastern Delights, Inc., an active Florida corporation, Defendant.

United States Court of Appeals, Eleventh Circuit.

August 30, 2004.


Attorney(s) appearing for the Case

James K. Green, James K. Green, P.A., W. Grey Tesh, W. Grey Tesh, P.A., West Palm Beach, FL, Anthony J. Siciliano, Springfield, MA, for Defendants-Appellants.

Jeffrey R. Platt, Coman & Anderson, P.C., Naperville, IL, for Plaintiff-Appellee.

Before BIRCH and WILSON, Circuit Judges, and DOWD, District Judge.


BIRCH, Circuit Judge:

This appeal presents an issue of first impression in this circuit: whether the Cable Communications Policy Act ("CCPA"), 47 U.S.C. § 553(c)(2)(A) (2001), empowers a district court to issue an ex parte order authorizing a freeze of assets or a search and seizure of property belonging to an alleged violator of the Act. After discovering that defendants-appellants1 Richard Marmer and his company, Tech Communications...

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