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DIRECT SATELLITE COMMUN. v. BD. OF PUB. UTIL.

Civ. A. No. 84-4990.

615 F.Supp. 1558 (1985)

DIRECT SATELLITE COMMUNICATIONS, INC., Canetic Corporation, Chanticleer Community Association, the Chanticleer Venture, La Bonne Vie Association At Echelon, the Mews at Chanticleer Homeowners Association, and La Bonne Vie Condominium Association, Inc., Plaintiffs, v. The BOARD OF PUBLIC UTILITIES and Office of Cable Television, an agency of the State of New Jersey and a division thereof, NYT Cable TV, a division of The New York Times Company, and the State of New Jersey and Irwin I. Kimmelman, Attorney General of New Jersey, Defendants, and New Jersey Cable Television Association, Defendant-Intervenor.

United States District Court, D. New Jersey.

August 29, 1985.

Attorney(s) appearing for the Case

Vincent J. Sharkey, Jr., Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J., and Phillip L. Spector, Goldberg & Spector, Washington, D.C., for plaintiffs.

Irwin I. Kimmelman, Atty. Gen. of New Jersey by Raymond C. Barzey and Andrea Silkowitz, Deputy Attys. Gen., Trenton, N.J., for defendants Bd. of Public Utilities, Office of Cable Television, State of N.J. and Irwin I. Kimmelman.

Peter J. Pizzi, Kevin J. Coakley, Jacqueline Chasey, Connell, Foley & Geiser, Newark, N.J., for defendant NYT Cable TV.

Francis R. Perkins, Robert St. John Roper, Jeffrey W. Meyers, Cynthia D. Benn, Holzapfel, Perkins & Kelly, New Jersey Partner in the Firm of LeBoeuf, Lamb, Leiby & MacRae, Cranford, N.J., for defendant-intervenor.

OPINION

BROTMAN, District Judge.

The plaintiffs in this action are a "satellite master antenna" television ("SMATV") company, two real estate developers ("the Developers"), and four condominium homeowners associations ("the Homeowners Associations"). Direct Satellite Communications, Inc. ("DirectSat"), the SMATV firm, has entered into exclusive agreements with the Homeowners Associations to install cable television systems in four planned residential communities...

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