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DIRECTV, INC. v. TOLSON

No. 07-1250.

513 F.3d 119 (2008)

DIRECTV, INCORPORATED; Echostar Satellite, L.L.C., Plaintiffs-Appellants, v. E. Norris TOLSON, in his official capacity as Secretary of Revenue, Defendant-Appellee. North Carolina Cable Telecommunications Association, Amicus Supporting, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Pantelis Michalopoulos, Steptoe & Johnson, L.L.P., Washington, D.C., for Appellants. Michael David Youth, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Mark F. Horning, Janice D. Gorin, Steptoe & Johnson, L.L.P., Washington, D.C.; Christopher G. Smith, J. Mitchell Armbruster, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, .North Carolina, for Appellants. Christopher G. Browning, Jr., Solicitor General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. Mark J. Prak, Marcus W. Trathen, Charles F. Marshall, Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina, for Amicus Supporting Appellee.

Before NIEMEYER and SHEDD, Circuit Judges, and LEONIE M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge BRINKEMA joined,

OPINION

SHEDD, Circuit Judge:

Plaintiffs DIRECTV, Inc. and Echostar Satellite, LLC, providers of satellite television programming, brought this suit claiming that North Carolina's system of taxing multi-channel television programming violates the Dormant Commerce Clause of Article I of the United States Constitution. The district court...

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