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CLARK v. TIME WARNER CABLE

No. 07-55794.

523 F.3d 1110 (2008)

K. CLARK, both individually and as representative of the proposed class, Plaintiff-Appellant, v. TIME WARNER CABLE, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2008.

Attorney(s) appearing for the Case

Stephen Yagman, Yagman & Yagman & Reichmann, Venice Beach, CA, filed briefs for the plaintiff-appellant; Marion R. Yagman and Joseph Reichmann, Yagman & Yagman & Reichmann, Venice Beach, CA, were on the briefs.

Bryan A. Merryman, White & Case LLP, Los Angeles, CA, filed a brief for the defendant-appellee; Travers D. Wood and Patrick O. Hunnius, White & Case LLP, Los Angeles, CA, and Matthew A. Brill, Latham & Watkins LLP, Washington, DC, were on the brief.

Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN, and WILLIAM A. FLETCHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the doctrine of primary jurisdiction permits a district court to refer a claim raising a novel and technical question of federal telecommunications policy to the Federal Communications Commission for its consideration in the first instance.

I

Time Warner Cable ("TWC") is one of the largest cable operators in the United States. Among other products and services...

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