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DISH NETWORK CORP. v. FEDERAL COMMUNICATIONS COM'N

No. 10-16666.

636 F.3d 1139 (2011)

DISH NETWORK CORPORATION; Dish Network, L.L.C., Plaintiffs-Appellants, v. FEDERAL COMMUNICATIONS COMMISSION; Julius Genachowski; Michael J. Copps; Robert M. McDowell; Mignon Clyburn; Meredith Attwell-Baker; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2011.

Attorney(s) appearing for the Case

Courtney J. Linn , Orrick, Herrington & Sutcliffe LLP, Sacramento, CA; E. Joshua Rosenkranz (argued), Orrick, Herrington & Sutcliffe, LLP, New York, NY, for plaintiffs-appellants DISH Network Corporation and DISH Network, L.L.C.

Tony West , Assistant Attorney General; Daniel G. Bogden , United States Attorney; Mark B. Stern (argued) and Dina B. Mishra , Department of Justice, Washington, D.C., for defendants-appellees Federal Communications Commission, Julius Genachowski, Michael J. Copps, Robert M. McDowell, Mignon Clyburn, Meredith Attwell-Baker, United States of America.

Before: J. CLIFFORD WALLACE, BARRY G. SILVERMAN, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

DISH Network Corporation and DISH Network, LLC (collectively "DISH") appeal the district court's order denying DISH's motion for a preliminary injunction. DISH argues that it is likely to succeed in its argument that § 207 of the Satellite Television Extension and Localism Act of 2010 (STELA), Pub. L. No. 111-175, § 207, 124 Stat. 1218 (amending 47 U.S.C. § 338 (2006)), which accelerates the timetable under...

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