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LANSDOWNE ON POTOMAC v. OPENBAND AT LANSDOWNE, LLC

No. 12-1925.

713 F.3d 187 (2013)

LANSDOWNE ON THE POTOMAC HOMEOWNERS ASSOCIATION, INC., Plaintiff-Appellee, v. OPENBAND AT LANSDOWNE, LLC; OpenBand SPE, LLC; OpenBand Multimedia, LLC; M.C. Dean, Inc., Defendants-Appellants, and LCD Communications, LLC; OpenBand of Virginia, LLC; William H. Dean; Lansdowne Community Development, LLC, Defendants. Federal Communications Commission, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Sanford M. Saunders, Jr. , Greenberg Traurig, LLP, Washington, D.C., for Appellants. Christopher J. Wright , Wiltshire & Grannis, LLP, Washington, D.C., for Appellee. ON BRIEF: Robert P. Charrow , Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Appellants. Steven A. Fredley , Mark D. Davis , Wiltshire & Grannis, LLP, Washington, D.C., for Appellee. Sean A. Lev , General Counsel, Peter Karanjia , Deputy General Counsel, Jacob M. Lewis , Associate General Counsel, Matthew J. Dunne , Counsel, Federal Communications Commission, Washington, D.C., for Amicus Supporting Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge THACKER joined.

OPINION

WILKINSON, Circuit Judge:

Lansdowne on the Potomac Homeowners Association sued OpenBand, a group of interlocking entities that provides cable services to the Lansdowne on the Potomac real estate development.1 The homeowners association alleged that OpenBand entered into a series of contracts that conferred upon OpenBand the exclusive right to provide video services to the development, in violation of an order of the Federal...

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