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SOUTHERN WALK AT BROADLANDS v. OPENBAND BROADLANDS

Nos. 12-1331, 12-2083.

713 F.3d 175 (2013)

SOUTHERN WALK AT BROADLANDS HOMEOWNER'S ASSOCIATION, INC., Plaintiff-Appellant, v. OPENBAND AT BROADLANDS, LLC, Defendant-Appellee. Southern Walk at Broadlands Homeowner's Association, Inc., Plaintiff-Appellee, v. OpenBand at Broadlands, LLC, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Kurt Charles Rommel , Miles & Stock-Bridge, McLean, Virginia, for Appellant/Cross-Appellee. Sanford M. Saunders, Jr. , Greenberg Traurig, LLP, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Harvey B. Cohen , Christopher E. Brown , Miles & Stockbridge, McLean, Virginia; Constance J. Miller , Constance J. Miller, Esq., McLean, Virginia, for Appellant/Cross-Appellee. Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Appellee/Cross-Appellant.

No. 12-1331 affirmed in part and vacated and remanded in part; No. 12-2083 affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge THACKER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Southern Walk at Broadlands Homeowners Association brought this action seeking a declaratory judgment against OpenBand at Broadlands, the corporation with which it had contracted in 2001 for wire-based video services. Southern Walk alleges that the 2007 Exclusivity Order issued by the Federal Communications Commission renders "null and void" OpenBand's exclusive rights under the 2001 contracts to provide such wire...

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