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Pacific Telesis Group v. United States

United States Court of Appeals, Ninth Circuit
Dec 30, 1994
48 F.3d 1106 (9th Cir. 1994)

Opinion

No. 94-16064.

Argued and Submitted November 15, 1994.

Decided December 30, 1994.

Michael K. Kellogg, Kellogg, Huber, Hansen Todd, Washington, DC, for plaintiffs-appellants.

Douglas Letter, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Bruce D. Sokler, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, Washington, DC, for intervenor-appellee.

Appeal from the United States District Court for the Northern District of California, James Ware, District Judge, Presiding.

Before: ALARCON and HALL, Circuit Judges, and KING, District Judge.

The Honorable Samuel P. King, Senior District Judge for the District of Hawaii, sitting by designation.


This case involves a First Amendment challenge to 47 U.S.C. § 533(b), the telephone company — cable television cross-ownership prohibition. The district court stayed the proceedings pending resolution by this court of GTE California, Inc. v. Federal Communications Commission, 39 F.3d 940 (9th Cir. 1994). After the stay was entered, the plaintiffs moved in the district court for a preliminary injunction against enforcement of § 533(b) pending resolution of this case. The district court summarily denied the application for a preliminary injunction, and this interlocutory appeal followed.

US West, Inc. v. United States, 48 F.3d 1092 (9th Cir. 1994), raised the same First Amendment issue as the present case, and we consolidated the two cases for purposes of oral argument. In a separate published opinion in US West, filed along with this disposition, we hold that § 533(b) violates the First Amendment.

The district court's order denying preliminary injunctive relief is therefore REVERSED and the case is REMANDED for further proceedings consistent with this opinion and with the opinion in US West.


Summaries of

Pacific Telesis Group v. United States

United States Court of Appeals, Ninth Circuit
Dec 30, 1994
48 F.3d 1106 (9th Cir. 1994)
Case details for

Pacific Telesis Group v. United States

Case Details

Full title:PACIFIC TELESIS GROUP; PACIFIC BELL; NEVADA BELL, PLAINTIFFS-APPELLANTS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 30, 1994

Citations

48 F.3d 1106 (9th Cir. 1994)

Citing Cases

Southern New England Telephone Co. v. U.S.

US West, Inc. v. United States, 48 F.3d 1092, 1106 (9th Cir. 1995), aff'g US West, Inc. v. United States, 855…