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TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP v. CARTERET-CRAVEN ELECTRIC MEMBERSHIP CORP.

No. 06-1974.

506 F.3d 304 (2007)

TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP, Plaintiff-Appellant, v. CARTERET-CRAVEN ELECTRIC MEMBERSHIP CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 31, 2007.

Attorney(s) appearing for the Case

ARGUED: Gardner F. Gillespie, III, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant. Pressly McAuley Millen, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Raleigh, North Carolina, for Appellee. ON BRIEF: Gary J. Rickner, Ward & Smith, P.A., New Bern, North Carolina; Paul A. Werner, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant.

Before NIEMEYER and MICHAEL, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Senior Judge ELLIS joined.

OPINION

NIEMEYER, Circuit Judge:

For many years, Carteret-Craven Electric Membership Corporation, a North Carolina electric cooperative, had a pole-attachment agreement with Time Warner Entertainment-Advance/Newhouse Partnership, a cable service provider, permitting Time Warner to attach...

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