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TIME WARNER CABLE, INC. v. HUDSON

No. 10-51113.

667 F.3d 630 (2012)

TIME WARNER CABLE, INC.; Texas Cable Association, Plaintiffs-Appellants, v. Paul HUDSON, in His Official Capacity as Chairman of the Public Utility Commission of Texas; Julie Parsley, in Her Official Capacity as Commissioner of the Public Utility Commission of Texas; Barry Smitherman, in His Official Capacity as Commissioner of the Public Utility Commission of Texas, Defendants-Appellees, TCCFUI, Texas Coalition of Cities for Utility Issues; GTE Southwest, Inc., doing business as Verizon Southwest; Southwestern Bell Telephone L.P., doing business as SBC Texas; Grande Communications Networks, Inc., Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 2012.

Attorney(s) appearing for the Case

Roger James George, Jr., Trial Atty., George & Brothers, L.L.P., Austin, TX, for Plaintiffs-Appellants.

James Patrick Sullivan (argued), Asst. Sol. Gen., Office of the Atty. Gen., Office of the Sol. Gen., James Carlton Todd, Asst. Atty. Gen., Office of the Atty. Gen., Gen. Lit. Div., Austin, TX, for Defendants-Appellees.

Renea Hicks, Law Office of Renea Hicks, Clarence A. West, Atty., Kent Ronald Hance, Hance Scarborough, L.L.P., Austin, TX, Andrew Gerald McBride, Senior Lit. Atty., John E. Barry, Atty., Wiley Rein, L.L.P., Michael K. Kellogg (argued), Kellogg Huber Hansen, Gregory G. Rapawy, Kellogg Huber Hansen, Washington, DC, Javier Aguilar, Gen. Atty., AT&T Services, Inc., Kathleen McElroy LaValle, Jackson Walker, L.L.P., Dallas, TX, for Intervenor Defendants-Appellees.

Before REAVLEY, ELROD and GRAVES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Time Warner Cable and Texas Cable Association appeal the district court's grant of summary judgment that dismissed their claims that a Texas statute violates the First and Fourteenth Amendments of the Constitution or is preempted by federal law. Because the statute unjustifiably discriminates against a small number of incumbent cable providers in violation of the First Amendment, we REVERSE.

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