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TIME WARNER ENTER. v. CARTERET-CRAVEN ELEC. MEMBER

No. 4:05-CV-146-D(2).

451 F.Supp.2d 736 (2006)

TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARNERSHIP, Plaintiff, v. CARTERET-CRAVEN ELECTRIC MEMBERSHIP CORPORATION, Defendant.

United States District Court, E.D. North Carolina. Eastern Division.

August 11, 2006.

Attorney(s) appearing for the Case

Gary J. Rickner, Ward and Smith, P.A., John Troy Smith, Jr., Ward and Smith, P.A., New Bern, for Time Warner Entertainment-Advance/Newhouse Partnership, Plaintiff.

Pressly M. Millen, Womble Carlyle Sandridge & Rice, Raleigh, for Carteret-Craven Electric Membership Corporation, Defendant.

ORDER

DEVER, District Judge.

On November 2, 2005, plaintiff Time Warner Entertainment-Advance/Newhouse Partnership ("plaintiff' or "TWEAN") filed suit for declaratory relief against defendant Carteret-Craven Electric Membership Corporation ("defendant" or "CCEMC") relating to the pole-attachment rate that defendant is attempting to charge plaintiff for attaching its cables to defendant's utility poles. On December 27, 2005, defendant filed a motion to dismiss...

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