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CABLE ALABAMA CORP. v. CITY OF HUNTSVILLE, ALA.

No. CV-91-N-0640-NE.

768 F.Supp. 1484 (1991)

CABLE ALABAMA CORPORATION, Plaintiff, v. CITY OF HUNTSVILLE, ALABAMA, Jim Putnam, in his official capacity as a member of the Huntsville City Council, Jimmy Wall, in his official capacity as a member of the Huntsville City Council, Bill Kling, Jr., in his official capacity as a member of the Huntsville City Council, Richard Showers, Sr., in his official capacity as a member of the Huntsville City Council, Chuck Saunders, in his official capacity as a member of the Huntsville City Council, and Steve Hettinger, Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

August 6, 1991.

Attorney(s) appearing for the Case

James A. Harris, Jr., Sirote and Permutt P.C., Birmingham, Ala., David Overlock Stewart, Michael K. Fee, Raymond C Ortman, Jr, Ropes & Gray, Washington, D.C., Roderic G. Steakley, John P. Burbach, Joe H. Ritch, Sirote and Permutt P.C., Huntsville, Ala., for plaintiff.

Clyde A Blankenship, Kerri Johnson Wilson, Huntsville City Attorney's Office, Huntsville, Ala., for defendants.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

I. Background.

On March 21, 1991 Cable Alabama Corporation (Cable Alabama) filed its complaint against the City of Huntsville, Alabama (Huntsville or the City), its mayor and the five members of its council. Cable Alabama states claims under the Cable Communications Policy Act of 1984, Pub.L. No. 98-549, 98 Stat. 2779, 47 U.S.C. § 521 et seq. (the Cable Act) (Claims One and Two...

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